Kaushlendra Kumar v. Central Bureau Of Investigation, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37091 of 2022 Arising Out of PS. Case No.-2 Year-2019 Thana- C.B.I CASE District- Patna ====================================================== KAUSHLENDRA KUMAR SON OF SATISH CHANDRA SINGH R/OVILL- AGAM KUAN, NALA PAR, SHEETALA NAGAR AND PATNA. VILLAGE- PATHAK BIGHA, P.O.- MURGAON, P.S.- HULLASHGANJ, DIST.- JEHANABAD ... ... Petitioner/s
Versus
CENTRAL BUREAU OF INVESTIGATION, PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sadashiv Tiwari For the Opposite Party/s :
Ms.Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2022 Heard learned counsel for the parties.
The petitioner apprehends her arrest in a case registered for the offence under Sections 120(B) read with 420, 467, 468 & 471 of the Indian Penal Code and Section 13(2) read with 13(1)(a) of Prevention of Corruption Act, 1988. Allegation against this petitioner is that he, conspiring with other co-accused, in the name of providing loan of Rs. Ten lacs to one M/s Amulya Seeds used the amount for personal purpose and thus, caused loss of Rs. 7,33,117/- (seven lacs thirty three thousand one hundred seventeen) to the bank. By filing supplementary affidavit, it is submitted on behalf of petitioner that petitioner is ready to refund Rs. 7,33,117/- (Rupees seven lacs thirty three thousand one hundred
Patna High Court CR. MISC. No.37091 of 2022(3) dt.28-11-2022 2/3 seventeen only) in monthly installment of Rs. 20,000/- (Rupees twenty thousand). This submission has been made in paragraph - 6 of the supplementary affidavit. In the light of above submission, he makes a prayer for grant of anticipatory bail to the petitioner.
Considering the aforesaid submission made on behalf of petitioner as well as facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, 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 Special Judge CBI - 1, Patna / concerned court in connection with CBI Case No. Spl. 2/21/RC 02 (S)/2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that the petitioner shall refund Rs. 1,05,117/- (one lac five thousand one hundred seventeen only) through Bank Draft to the informant / Corporation Bank, Patna at the time of furnishing bail-bond and rest amount i.e. Rs. 5,28,000/- (five lacs twenty eight thousand only) shall be refunded in 24 monthly installment i.e. Rs. 22,000/- (twenty two thousand) per month
Patna High Court CR. MISC. No.37091 of 2022(3) dt.28-11-2022 3/3 through Bank Draft to the informant / Corporation Bank, Patna, failing which, the learned court below would be at liberty to cancel the bail-bond. The said deposit shall be subject to the final outcome of the case.
(Prabhat Kumar Singh, J) anay/- U T