Naluparayil Varghese Raju @ N. V. Raju @ Naluparayil Anand Varghese Raju v. Central Bureau Of Investigation (CBI), New Delhi
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53652 of 2024 Arising Out of PS. Case No.-12 Year-2017 Thana- C.B.I CASE District- Patna ====================================================== Naluparayil Varghese Raju @ N. V. Raju @ Naluparayil Anand Varghese Raju Son Of Anand Senpati Resident Of Mohalla - Jogsar, Chandi Prasad Lane, P.S. - Kotwali, District - Bhagalpur ... ... Petitioner/s
Versus
Central Bureau Of Investigation (CBI), New Delhi New Delhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar For the Opposite Party/s :
Mrs. Nivedita Nirvikar, Sr. Advocate Mr. Pravin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2024 1.
Heard learned counsel for the petitioner and learned senior counsel for the CBI, Mrs. Nivdedita Nirvikar. 2.
The petitioner seeks bail in a case registered for the offences punishable under Sections 409, 420, 467, 468, 471 & 120B of the Indian Penal Code and Sections 13(2), 13(1)(c) & 13(1)(d) of the Prevention of Corruption Act, 1988. 3.
Learned counsel for the petitioner submits the case relates to Srijan Scam and the petitioner was arrested by the C.B.I. and is in custody 24-2-2022. It is next submitted that petitioner has antecedent of 7 cases, but then all the seven cases emanates from Srijan Scam. It is also submitted that several coaccused persons have been granted the privilege of bail by this Court.
Patna High Court CR. MISC. No.53652 of 2024(4) dt.13-12-2024 2/3 4.
Learned counsel for the petitioner next submits that the allegation against the petitioner, in sum and substance, was that he had filled four cheques in his handwriting forging the signature of the District Magistrate, Bhagalpur and the cheques were used for fraudulent of Rs. 15.5 crores from the account of District Magistrate, Bhagalpur into the account of Srijan Mahila Vikash Sahyog Samiti Limited, when petitioner, being proprietor of M/s Kalinga Sales, was not associated with the District Magistrate, Bhagalpur in any way, further the petitioner also received an amount of Rs. 1 crore from the account of Sri. Sant Kumar Sinha, the then Clerk, Bank of Baroda, Bhagalpur, who is also one of the co-accused in the aforesaid case. 5.
Learned counsel next submits that Sant Kumar Sinha had approached this Court seeking regular bail by filing Cr. Misc No. 46861 of 2021 and the same was allowed by an order dated 12-1-2022.
6.
Learned counsel next submits that C.B.I. investigated the case and thereafter has filed charge-sheet, as such, no useful purpose would be served by keeping the petitioner in custody.
7.
Learned senior counsel appearing on behalf of the C.B.I. submits that petitioner had received an amount of Rs. 1
Patna High Court CR. MISC. No.53652 of 2024(4) dt.13-12-2024 3/3 crore in his account from Sant Kumar Sinha, who is also an accused in the instant case, on which the learned counsel appearing on behalf of the petitioner submits that no prudent person would indulge in such an act where he would create evidence against himself and hence would get implicated. Learned counsel appearing on behalf of the C.B.I. next submits that petitioner had also moved before the Hon'ble Supreme Court for seeking regular bail, but the same was permitted to be withdrawn.
8.
After hearing learned counsel for the parties, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, CBI-II, Patna, in connection with RC 12/A/2017, giving rise to Spl. Case No. 05/2019, arising out of Kotwali (Tilkamanjhi) P.S. Case No. 499 of 2017.
(Satyavrat Verma, J) SUMIT/- U T