Sant Kumar Sinha v. Central Bureau Of Investigation Through Its Superintendent Of Police, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40468 of 2021 Arising Out of PS. Case No.-15 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== SANT KUMAR SINHA Son of Late Anil Chandra Sinha R/o Indraprastha Colony, Lichi Bagan, Ishakchak, P.S.- Ishakchak, District- Bhagalpur. ... ... Petitioner/s
Versus
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS SUPERINTENDENT OF POLICE, PATNA PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Bipin Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2022 This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the C.B.I. The petitioner prays for grant of regular bail in a case registered for the offence punishable under Sections 34/120B/409/419/ 420/467/468/471 of the Indian Penal Code and charge sheet was submitted u/s 120B/409/420 of the IPC and u/s 13(2)/ 13(1) (c ) & 13(1) (d) of P.C. Act, 1988. As per the prosecution , this case is one of the Srijan Scam cases, registered by Bihar Police. As per notification issued by Government of Bihar and subsequent notification of Government of India, this case was taken up for investigation by
Patna High Court CR. MISC. No.40468 of 2021(3) dt.17-01-2022 2/3 Central Bureau of India ('C.B.I.', for short) by re-registering F.I.R. No. 658/2017 dated 20.09.2017 of P.S. Kotwali, Bhagalpur, Bihar. The case was registered on the basis of a written complaint dated 19.09.2017 of Sh. Sunil Kumar, the then Block Development Officer, Pirpainti Block, Bhagalpur. The complaint precisely alleged that when bank accounts of block office, Pirpainti were scrutinized and tallied, temporary misappropriation of produce 12 cheques worth Rs. 9,85,16,926/- issued in favour of B.D.O., Pirpainti, were found. It is submitted on behalf of the petitioner that petitioner is not named in the F.I.R. and his name surfaced during the course of investigation and C.B.I.
has submitted charge sheet against several co-accused persons including this petitioner vide charge sheet dated 26.12.2019. It is further submitted that as per charge sheet petitioner entered into a criminal conspiracy and has filled up a false pay in slip for crediting cheque, which was passed by the Senior Manager, Nabin Kumar Saha, in the account of SMVSSL opened in the Bank of Baroda branch, Bhagalpur. Charge sheet has already been submitted in this case. Petitioner is is in custody since 31.01.2020.
However, learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.40468 of 2021(3) dt.17-01-2022 3/3 C.B.I. vehemently opposed the bail application and submitted that there is sufficient oral as well as documentary evidence against this petitioner regarding her involvement in the said occurrence at para no. 16(ii), 16(v), 16(xi) and 16(xvi) and to prove offences punishable under Sections 120B read with 409 and 420 of the Indian Penal Code and 13(2), r/w 13(1) (c)(d) of the P.C.Act, 1988 thereof against the petitioner. Considering the nature of allegations and the period of custody and also the fact that charge sheet has already been submitted in this case and also there is no chance of trial to be concluded in the near future, let the petitioner, mentioned above, be enlarged 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 Spl. Judge, C.B.I., II, Patna, in connection with Special Case No. 1/2020, arising out of R.C. case No. 15/5/2018.
(Prabhat Kumar Singh, J) BKS/- U T