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.43659 of 2021 Arising Out of PS. Case No.-12 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

Versus

Central Bureau of Investigation through Its Superintendent of Police, Patna Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Bipin Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned counsel appearing for the C.B.I.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Special Case No. 7/2020 arising out of R/C Case No. 12/S/2018 registered for the offences punishable under Sections 34/ 120B/409/419/420/467/468/471 of the IPC and charge sheet has been submitted under Sections 120B/409/420 of the IPC and Sections 13(2)/13(1)(c) & (d) of Prevention of Corruption Act, 1988.

The case relates to Srijan Scam and allegation against

2/4 the petitioner is that he along with other accused persons defalcated huge government money.

Learned counsel for the petitioner submits that petitioner has committed no offence and he has falsely been implicated in the present case. In fact, the present case has been instituted against the petitioner after his retirement. The present case has been lodged on 18.09.2017 and the name of the petitioner has come during investigation of the case. Learned counsel further submits that during investigation, the C.B.I. has not found any involvement against the petitioner in the defalcation of government money. Learned counsel further submits that co-accused Sarita Jha has been granted bail by a co-ordinate Bench of this court vide order dated 30.06.2021 passed in Cr. Misc. No. 10295 of 2021. It is further submitted that co-accused Navin Kumar Saha @ Nabin Kumar Saha has been granted bail by this court vide order dated 14.12.2021 passed in Cr. Misc. No. 33226 of 2021. Petitioner is in custody since 03.02.2020.

Learned counsel appearing for the C.B.I. vehemently opposed the prayer of bail submitting that there is sufficient material against the petitioner in the charge sheet. He next submits that charge sheet has been submitted on 20.01.2020. He

3/4 next submits that petitioner carries 16 criminal antecedent and all the cases relate to Srijan Scam as mentioned in Para-3 of the petition.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, CBI-II, Patna in connection with Special Case No. 7/2020 arising out of R.C Case No. 12/S/18, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. That one of the bailors will be a close relative of the petitioner who will give an affidavit

4/4 giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

4. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

5. The petitioner is directed to surrender his Passport, if he is holding the Indian Passport, before the court below at the time of furnishing his bail bonds.

(Rajesh Kumar Verma, J) shahzad/- U T