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.46918 of 2021 Arising Out of PS. Case No.-19 Year-2017 Thana- C.B.I CASE District- Patna ====================================================== Sant Kumar Sinha S/O 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. ... ... 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 22-01-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in connection with Special Case No. 7/19, arising out of R.C. Case No. 19/A/17 registered under sections 409, 419, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code. Later on, charge-sheet has been filed under section 120B read with sections 409, 420, 467, 468, 471, and 477A of the Indian Penal Code and section 13(1)(c) & 13(1)(d) of the Prevention of Corruption Act, 1988.
As per the prosecution case, the government fund in collusion with other officials of the government and the bank was illegally transferred to the different accounts temporarily embezzling the fund as also the interest earned thereon, which is properly known as 'Srijan Scam'. Name of the petitioner has
Patna High Court CR. MISC. No.46918 of 2021(2) dt.22-01-2022 2/3 transpired during course of investigation.
It is submitted on behalf of petitioner that petitioner has been made accused in this case after two years of his retirement from the post of Assistant Clerk in the Bank of Baroda, Main Branch, Bhagalpur. It is further submitted that petitioner has been made accused in the present case as well as seventeen other cases. Only allegation against the petitioner is that he in the capacity of Assistant Clerk had filled up pay slip / deposit slip for crediting cheques in the account of Srijan and he had no role in passing of the Banker's cheques in the bank. Petitioner has surrendered on 11.09.2019 in Special Case No. 4 of 2018 and has been remanded in the present case on 24.10.2019.
However, learned counsel for the C.B.I. vehemently opposed the bail petition and submitted that ample evidence has been collected during course of investigation and this petitioner, conspiring with Secretary of S.M.V.S.S.L. and other officials, misappropriated government funds from the account of District Urban Development Agency by using forged documents. Considering the period of custody and the fact that investigation is complete, the bail petition of petitioner is allowed.
Patna High Court CR. MISC. No.46918 of 2021(2) dt.22-01-2022 3/3 Let the above named petitioner 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 Special Judge, C.B.I.-II, Patna in connection with Special Case No. 7/19, arising out of R.C. Case No. 19/A/17. (Prabhat Kumar Singh, J.) anay/- U T