Atul Raman v. The Central Bureau Of Investigation

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9503 of 2021 Arising Out of PS. Case No.-19 Year-2017 Thana- C.B.I CASE District- Patna ====================================================== ATUL RAMAN S/o Vivekanand Sah R/o Parbati Near Shiv Mandir, P.S.- University, District- Bhagalpur.

... ... Petitioner/s

Versus

The Central Bureau of Investigation.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Shankar Choudhary, Advocate.

For the Opposite Party/s :

Mr. Bipin Kumar Sinha, Standing Counsel CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-09-2021 Heard learned counsel for the petitioner and learned counsel for the CBI.

The petitioner seeks bail in a case registered for the offence punishable under Sections 120B r/w 409, 420, 467, 468, 471 and 477A of the Indian Penal Code and Section 13 (1) (C) and (D) of the Prevention of Corruption Act.

The prosecution case, in nut shell, is that during the period 2014 to 2016 the officials of Srijan in connivance of government officials, public servants and private persons siphoned off funds of various government departments including Urban Development Agency, Bhagalpur. The allegation against the petitioner is that he is said to have handed over forged pass book to one Rupesh Kumar.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.9503 of 2021(5) dt.28-09-2021 2/3 that no such occurrence as alleged ever took place. He is physically handicapped, quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He is not named in the original F.I.R. It is further submitted that the chargesheet has been submitted and cognizance has also been taken against all accused persons including the petitioner. It is also submitted that several similarly situated co-accused have been granted bail by different coordinate Bench of this Court. The petitioner was remanded in this case on 01.10.2019 and since then he has been languishing in custody. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Court below where the case is pending/successor Court in connection with Special Case No.07/19, arising out of RC 19/A/17, subject to the following conditions :

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to

Patna High Court CR. MISC. No.9503 of 2021(5) dt.28-09-2021 3/3 how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.

(4) that the petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) Trivedi/- U T