Nikhil Priyadarshi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46245 of 2018 Arising Out of PS.Case No. -2 Year- 2017 Thana -C.B.I CASE District- PATNA ======================================================
1. Nikhil Priyadarshi S/o Krishna Bihari Prasad Sinha Resident of Plot No. 11, Bisheswaraya Nagar, Bailey Road, Patna, P.S- Rupaspur, DistrictPatna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. CBI though the Superintendent of Police Economic Offence Wing Central Bureau of Investigation Ranchi.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. Ms. Shama Sinha For the C.B.I.
:
Mr. Sanjay Kumar, SC, CBI For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with CBI EOW Case No.RC0932017S0002 , registered for offences punishable under Sections 419, 420, 467, 468, 471 of the Indian Penal Code.
Allegation against the petitioner as per FIR is that Company of M/S Priyadarshi Commercial Pvt. Ltd. has taken Rs.400 lac as loan from the Punjab National Bank, New Market Branch, Krishna Bihari Prasad and Rajesh Ranjan are the Directors of the Company and the petitioner is the person who has identified the guarantor (Pintu Yadav) in this case as a witness. Submission of the learned counsel for the petitioner is that
Patna High Court Cr.Misc. No.46245 of 2018 (3) dt.30-08-2018 2/2 the case is going on in Debt Recovery Tribunal also. The petitioner is only identifier to the guarantor in this case and there is nothing against him.
Heard learned A.P.P. and the learned counsel for the C.B.I., who has not controverted the aforesaid facts. . Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge CBI-I, Patna in connection with CBI Eow Case No.RC0932017S0002 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T