Shyam Lal Prasad v. The Central Bureau Of Investigation
Patna High Court Cr.Misc. No.12200 of 2015 (2) dt.09-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12200 of 2015 Arising Out of PS.Case No. -12 Year- 2013 Thana -C.B.I CASE District- PATNA ======================================================
1. Shyam Lal Prasad son of Late Ram Lochan Ram resident of Village Mairhi, P.O. Saidraja, P.s. Saidraja, District Chandauli(UttarPradesh) .... .... Petitioner/s
Versus
1. The Central Bureau of Investigation .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Ranjan For the Opposite Party/s : Mr. Bipin Kumar Sinha(Sccbi) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioner and learned counsel, appearing for CBI.
The petitioner apprehends his arrest in connection with RC No. 12(A) of 2013 (Special Case No. 09 of 2013) registered under Sections-13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988.
The CBI has given an opportunity to the petitioner to explain his income and expenditure but he could not satisfy the officials of the CBI and accordingly, CBI came to conclusion that the petitioner has acquired huge assets by corrupt and illegal means which are disproportionate to his known source of income. Admittedly, the investigation has already been competed and the charge sheet has been submitted.
Patna High Court Cr.Misc. No.12200 of 2015 (2) dt.09-04-2015 Therefore, in my view, it is not a fit case for grant of anticipatory bail to the petitioner and accordingly, his prayer for bail in connection with RC No. 12(A) of 2013 (Special Case No. 09 of 2013) pending in the court of learned Special Judge, CBI-III, Patna stands rejected.
However, if the petitioner surrenders and seeks regular bail before the court below within four weeks from today, the concerned court shall consider the regular bail application of the petitioner on its own merit, without being prejudiced by this rejection order.
(Hemant Kumar Srivastava, J) A.K.V./- U T