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Patna High CourtCR. MISC./46686/2019bail granted

Narendra Kumar Sinha @ N.K.Sinha v. The Central Bureau Investigation,Patna

2019-08-23Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46686 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== Narendra Kumar Sinha @ N.K.Sinha, aged about 58 years (Male), Son of Late Saran Kumar Sinha, Branch Manager, U.C.O. Bank, Kochadhaman Branch, District- Kishanganj, Resident of village- Bari Yusufpur, East of Jagdamba Asthan, P.S.- Industrial Area, Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

THE CENTRAL BUREAU INVESTIGATION,PATNA Bihar ... ... Opposite Party/s Appearance :

For the Petitioner/s :

Mr. P. K. Shahi, Sr. Advocate Mr.Nakul Kumar Jamuar, Advocate For the Opposite Party/s :

Mr.Bipin Kumar Sinha, Advocate, Standing Counsel, CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-08-2019 Heard Mr. P. K. Shahi, Sr. learned counsel for the petitioner and Mr. Bipin Kumar Sinha, Advocate, Standing Counsel for CBI.

Petitioner seeks bail in a case registered for the offence punishable under Section 120 of the Indian Penal Code and Section 7 of the Prevention of Corruption Act. Earlier bail application of the petitioner was rejected vide order dated 09.10.2018 passed in Cr. Misc. No.49591 of 2018, as contained in Annexure 1 with a liberty to the petitioner to renew his prayer for bail after completing one year in jail custody.

Patna High Court CR. MISC. No.46686 of 2019(4) dt.23-08-2019 2/3 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent and is in custody since 07.06.2018, i.e., more than one year.

Grant of regular bail was vehemently opposed by counsel for C.B.I.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No.38/2018 arising out of C.B.I. R.C.08(A) of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.46686 of 2019(4) dt.23-08-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T