Gyanendra Kumar v. The Central Bureau Of Investigation
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45794 of 2021 Arising Out of PS. Case No.-20 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.SISHAKCHAK, DISTRICT-BHAGALPUR. ... ... Petitioner/s
Versus
CENTRAL BUREAU OF INVESTIGATION THROUGH ITS SUPERINTENDENT OF POLICE, PATNA. PATNA ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 47407 of 2021 Arising Out of PS. Case No.-20 Year-2017 Thana- C.B.I CASE District- Patna ====================================================== GYANENDRA KUMAR S/o Late Dr. Gopal Chandra Ghosh R/o MohallaVikramshila Colony, New Sheopur Colony, Hawai Adda, P.S.- Tilka Manjhi, District- Bhagalpur.
... ... Petitioner/s
Versus
THE CENTRAL BUREAU OF INVESTIGATION PATNA ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 45794 of 2021) For the Petitioner/s :
Mr.Ashok Kumar Singh For the Opposite Party/s :
Mr.Bipin Kumar Sinha (In CRIMINAL MISCELLANEOUS No. 47407 of 2021) For the Petitioner/s :
Mr.Awadhesh Kumar For the Opposite Party/s :
Mr.Bipin Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-12-2021 As both the bail petitions arise out of the same Police Station case number, they are being heard together and are disposed of by this common order.
Heard learned counsel for the parties.
Petitioners seek bail in connection with R.C. Case No.
Patna High Court CR. MISC. No.45794 of 2021(3) dt.10-12-2021 2/3 20/A/2017 giving rise to Spl. Case No. 8/2019 instituted for the offences under Sections 406, 409, 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 13(2) read with Sections 13(1)(c) & 13(1) (d) of Prevention of Corruption Act, 1988. These cases relate to Srijan Scam at Bhagalpur registered on the basis of written complaint lodged by the Senior Treasury Officer, Saharsa in Police Station Sadar, Saharsa on 17.8.2017 related to misappropriation of funds from the account of Special land Acquisition Office, Saharsa to the account of Srijan Mahila Vikas Sahyog Samiti Ltd. Bhagalpur.
It is submitted on behalf of the petitioners that at the relevant time, petitioner Sant Kumar Sinha was posted as clerk in the Bank of Baroda, Main Branch, Ghanta Ghar, Bhagalpur, whereas petitioner Gyanendra Kumar was posted as Branch Manager, Bank of India, Sabour. They are not named in the F.I.R. and their name surfaced during the course of investigation and C.B.I. has submitted chargesheet against several co-accused persons including these petitioners as such their custodial interrogation may not be required in the case. Petitioners are in custody since 25.10.2019 and 12.6.2020 respectively.
However, learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.45794 of 2021(3) dt.10-12-2021 3/3 C.B.I. vehemently opposed the bail applications and submitted that there is sufficient evidence against these petitioners regarding their involvement in the said occurrence. Considering the nature of allegations and the period of custody and also the fact that chargesheet has already been submitted in this case and also there is no chance of trial to be concluded in the near future, let both the petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each 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. 8/19/ RC Case No. 20/A/17( in Cr.Misc.No. 45794/2021) and Special Case No. 08/2020/RC Case No.20/A/2017 (in Cr.Misc.No. 47407/2021). (Prabhat Kumar Singh, J) Shashi U T