Akhouri Gopal v. The Central Bureau Of Investigation Through Its Superintendent Of Police, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53544 of 2023 Arising Out of PS. Case No.-1 Year-2018 Thana- C.B.I CASE - TR District- Patna ====================================================== 1.
Akhouri Gopal, Son Of Late Bansidhar Akhouri Resident Of Bansi Sadan, Chand Chaura, Police Station - Civil Line, District - Gaya. Directors Of Ramnandi Estate Private Limited, Registered Office As Maple Villa M-34, Ashiana, Woodland, Asanbani, Police Station - Chandil, District - Jamshedpur, Jharkhand And Bansi Sadan, Chand Chaura, Gaya 2.
Akhouri Nishant, Son Of Akhouri Gopal Resident Of Bansi Sadan, Chand Chaura, Police Station - Civil Line, District - Gaya. Directors Of Ramnandi Estate Private Limited, Registered Office As Maple Villa M-34, Ashiana, Woodland, Asanbani, Police Station - Chandil, District - Jamshedpur, Jharkhand And Bansi Sadan, Chand Chaura, Gaya 3.
Akhouri Nitesh, Son Of Akhouri Gopal Resident Of Bansi Sadan, Chand Chaura, Police Station - Civil Line, District - Gaya. Directors Of Ramnandi Estate Private Limited, Registered Office As Maple Villa M-34, Ashiana, Woodland, Asanbani, Police Station - Chandil, District - Jamshedpur, Jharkhand And Bansi Sadan, Chand Chaura, Gaya ... ... Petitioner/S
Versus
The Central Bureau Of Investigation Through Its Superintendent Of Police, Patna Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh- Advocate For the C.B.I.
:
Ms. Nivedita Nirvikar-Spl. P.P./Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-03-2024
1. Heard learned counsel for the petitioners and learned Special P.P. for the C.B.I.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 120(B) read with Section 420 of the Indian Penal Code, but cognizance has been taken under Sections 120(B) read with Sections 420 and 409 of the I.P.C.
Patna High Court CR. MISC. No.53544 of 2023(7) dt.20-03-2024 2/3
3. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the instant case with an allegation that they, along with other accused persons in connivance, misappropriated an amount of Rs.6,77,16,000/- of the bank, which they had taken by way of loan. It is next submitted that the C.B.I. investigated the case threadbare and submitted charge-sheet. It is also submitted that during the course of investigation, the petitioners cooperated, but then, the C.B.I. never felt the need of arresting the petitioners. It is thus submitted that now, nothing remains to be elicited from the petitioners. Hence, no useful purpose would be served by sending the petitioners to jail. It is further submitted that petitioners will cooperate in the trial.
4. Learned Special P.P. for the C.B.I. opposes the anticipatory bail application, but then, is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that charge-sheet has been submitted and the petitioners were not arrested during the course of investigation.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in
Patna High Court CR. MISC. No.53544 of 2023(7) dt.20-03-2024 3/3 the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 50,000/- (Rupees Fifty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Magistrate, C.B.I., Patna in connection with C.B.I., EOW Ranchi Case No.RC-1(S) of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
7. However, in the event, if the learned trial Court comes to a conclusion that the petitioners after obtaining anticipatory bail application are trying to delay the trial in any manner, the learned trial Court shall forthwith cancel their bail bonds after recording reasons and shall take all coercive steps to ensure that petitioners are behind bars.
(Satyavrat Verma, J) vikash/- U T