Patna High CourtCR. MISC./23861/2020disposed

Sri Amrendra Kumar Yadav v. The State Of Bihar Through C.B.I., Acu-V, Ac-Ii, New Delhi

2021-02-24Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23861 of 2020 Arising Out of PS. Case No.-11 Year-2017 Thana- C.B.I CASE District- Patna ====================================================== SRI AMRENDRA KUMAR YADAV ... ... Petitioner/s

Versus

THE STATE OF BIHAR THROUGH C.B.I., ACU-V, AC-II, NEW DELHI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chitranjan Sinha, Sr. Adv.

Mr. Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr. Bipin Kumar Sinha, SC ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and learned counsel for the CBI.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 120B r/w 409,420, 467, 468 and 471 of the Indian Penal Code and Section 13(2) r/w 13 (1)(c) and (d) of Prevention and Corruption Act, 1988.

Allegation against petitioner and other co-accused is of fraudulent diversion of cheque of Rs. 12 crores, issued by DLAO from the account of DLAO (Bank of Baroda), Bhagalpur required to be deposited in the account of DLAO, (Bank of India), Bhagalpur but was fraudulently diverted into the account of SMVSSL (Bank of India), Bhagalpur in connivance and conspiracy with DLAO, Bhagalpur.

Patna High Court CR. MISC. No.23861 of 2020(10) dt.24-02-2021 2/2 Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 46648 of 2018 which was rejected on 17.09.2018.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. Similarly placed co-accused, namely, Ajay Kumar Pandey has been granted regular bail by this Court vide order dated 14.10.2020 passed in Cr. Misc. 83361 of 2019. Petitioner is in custody since 19.01.2018.

Considering the nature of allegation against petitioner and defalcation of huge amount of public money, I am not inclined to grant bail to the petitioner at this stage. Accordingly the prayer for bail is rejected.

However, petitioner may renew his prayer for bail after framing of charge.

(S. Kumar, J) veena/- U T