Shailesh Kumar v. The State Of Bihar, Through C.B.I., Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.571 of 2018 Arising Out of RC Case No. -1(A) Year- 2015 Thana -C.B.I CASE District- PATNA ====================================================== Shailesh Kumar, son of Shyam Nandan Sharma, resident of villageNeyamatpur, Police Station- Belaganj, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar through C.B.I., Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, S.C. C.B.I. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with R.C. Case No.1(A) of 2015 registered under Sections 120B, 420, 467 and 468 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. It is submitted by the learned counsel for the petitioner that similarly circumstanced co-accused Chandra Bhushan @ Chandra Bhushan Prasad, Pramod Kumar, Smt. Shobha Sinha, Ranjana Kumari, Ranjeet Kumar @ Ranjeet Kumar, Smt. Daizy, Tarun Kumar Vidyarthi, Satyanarayan Singh, Diwakar Kumar, Sunil Kumar and Girijesh Kumar have already been granted pre-
Patna High Court Cr.Misc. No.571 of 2018 (2) dt.11-01-2018 2/3 arrest bail by different Benches of this court passed in Cr. Misc. No.24914 of 2017, Cr. Misc. No.32417 of 2017, Cr. Misc. No.38547 of 2017, Cr. Misc. No.39977 of 2017, Cr. Misc. No.47268 of 2017, Cr. Misc. No.49549 of 2017, Cr. Misc. No.52147 of 2017, Cr. Misc. No.49588 of 2017, Cr. Misc. No.49364 of 2017, Cr. Misc. No.57578 of 2017 and Cr. Misc. No.57203 of 2017 respectively. He submitted that the C.B.I. has neither challenged those orders granting pre-arrest bail to the accused persons nor there is any other material to distinguish the case of the petitioner to that of other accused persons, who have already been granted pre-arrest bail by different Benches of this Court.
On query, Mr. Sanjay Kumar, learned counsel appearing for the C.B.I., admitted that the aforesaid accused persons have been granted pre-arrest bail by different Benches of this Court and the C.B.I. did not prefer any appeal against those orders. He also admitted that the case of the petitioner stands on identical footing to that of other accused persons, who have already been granted pre-arrest bail.
Having regard to the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the
Patna High Court Cr.Misc. No.571 of 2018 (2) dt.11-01-2018 3/3 petitioner is directed to 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 1st Additional Sessions Judge, Patna in connection with R.C. Case No.1(A) of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T