Patna High CourtCR. MISC./42860/2023bail granted

Abhay Kumar v. Central Bureau Investigation

2023-07-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42860 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- C.B.I CASE District- Patna ====================================================== ABHAY KUMAR, Son of Maheshwar Prasad, Resident of-House No.-31, Fair Field, The then Chief Controller (Operating) East Central Railway, Hajipur, Bihar ... ... Petitioner/s

Versus

Central Bureau Investigation Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Sharan,Advocate For the C.B.I.

Mrs. Nivedita Nirvikar, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Special Case No. 04 of 2023 arising out of R.C. No. 02(A)/ 2023 dated 23.02.2023 registered for the offences punishable u/s 7 of the Prevention and Corruption Act.

4. As per the prosecution case, the petitioner demanded bribery of Rs. 50,000/- from the Complainant for selection of his son for the post of peon in Railway.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.42860 of 2023(2) dt.25-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner never demanded any bribe from the Complainant. Nothing has been recovered from the possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I.-1, Patna in connection with Special Case No. 04 of 2023 arising out of R.C. No. 02(A) of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T