Md. Naiyer Alam v. The Union Of India Through The Central Bureau Investigation.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28240 of 2023 Arising Out of PS. Case No.-8 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== MD. NAIYER ALAM Son of Late Basiuddin Resident of 8 Subhash Path Chak, Kishanganj, P.S.- Kishanganj, District - Kishanganj (Bihar). ... ... Petitioner/s
Versus
The Union of India through the Central Bureau Investigation. New Delhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul Kumar For the Opposite Party/s :
Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2023 Heard learned counsel for petitioner and learned Additional Public Prosecutor.
Let the defect(s), if any, be removed within a period of four weeks from today.
This application is filed for grant of regular bail in connection with Bhagalpur Kotwali P.S. Case No. 554 of 2017 registered under section120-B/34, 409, 420, 467, 468, 471 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 07.02.2023. He has been arrested after submission of the charge-sheet when he appeared before the Court below after issuance of summons/bailable warrant/NBW. The learned counsel for the petitioner further submits that the petitioner had cooperated during investigation and he was not arrested by the C.B.I during investigation. Learned counsel for the petitioner has also relied upon the law
Patna High Court CR. MISC. No.28240 of 2023(2) dt.24-05-2023 2/3 laid down in the case of Satyendra Kumar Antil Vs. Central Bureau of Investigation (2021) 10 SCC 51 and has prayed for grant of bail.
Learned counsel for the C.B.I Shri Lalan Kumar AC to Mrs. Nivedita Nirvakar has vehemently opposed the prayer for grant of bail . He submits that the petitioner is accused in two more cases and is involved in a serious scam know as Srijan Scam. The learned counsel further submits that material have came in Paragraph 16 of the charge-sheet to connect the petitioner with the alleged crime.
The learned counsel for Bank of Baroda Shri Sanjeev Shankar submits that he appeared for the Bank of Baroda and he has nothing more to add as the petitioner is an employee of Bank of Baroda. He has further submitted that no action has been taken against the petitioner except the issuance of show cause and the show cause reply having been accepted. In view of the law laid down in the case of Satyendra Kumar Antil Vs. Central Bureau of Investigation (2021) 10 SCC 51 this application for regular bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.28240 of 2023(2) dt.24-05-2023 3/3 Special Judge, CBI-II, Patna in connection with Bhagalpur Kotwali P.S. Case No. 554 of 2017.
(Sandeep Kumar, J) Sunnykr/- U T