Patna High CourtCR. MISC./38005/2016rejected

Pawan Kumar Singh v. The Union Of India Through CBI

2016-11-30Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.38005 of 2016 (6) dt.30-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38005 of 2016 Arising Out of PS.Case No. -1 Year- 2012 Thana -C.B.I CASE District- MUZAFFARPUR ======================================================

1. Pawan Kumar Singh Son of Gopal Sharan Singh, resident of village Gautam Niwas Jai Prakash Nagar, Booty P.S.- Sadar, District- Ranchi (Jharkhand).

.... .... Petitioner

Versus

1. The Union of India through CBI .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Shailendra Kumar Singh, Advocate Mr. Ajay Kumar Tiwari For the Opposite Party/s : Mr. Bipin Kumar Sinha(SC,CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-11-2016 Heard learned Sr. Counsel for the petitioner and learned counsel representing C.B.I.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 14.01.2016 passed in Cr. Misc. No. 24032 of 2015 which was disposed of with Cr. Misc. No. 35654 of 2015, on the ground that the petitioner is in custody since 11.03.2015, nothing has been recovered from his possession, he was not involved in transferring the amount, the statement of co-accused cannot be used against the petitioner and in identical case he has been allowed bail by Jharkhand High Court in Bail Application No. 7823 of 2013 as during investigation only it has come that the petitioner was involved in conspiracy and nothing more.

Patna High Court Cr.Misc. No.38005 of 2016 (6) dt.30-11-2016 Learned Counsel for C.B.I. opposes the prayer of bail by submitting that the petitioner has master minded the whole episode and prayer of bail of other co-accused has been rejected by another co-ordinate Bench of this Court.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected in connection with RC-01 (E) of 2012 / Trial No. 18 of 2015. However, as per order passed in Cr. Misc. No. 22597 of 2016 and Cr. Misc. No. 34859 of 2016, the trial court is directed to expedite the trial and conclude the same in the light of observation made therein.

(Jitendra Mohan Sharma, J) avin/- U T