Patna High CourtCR. MISC./58047/2023dismissed

Vikas Kumar @ Vikash Kumar Singh v. The Central Bureau Of Investigation Through The Superintendent Of Police C.B.I., Patna

2023-09-04Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58047 of 2023 Arising Out of PS. Case No.-6 Year-2015 Thana- C.B.I CASE District- Patna ====================================================== VIKAS KUMAR @ VIKASH KUMAR SINGH S/O - ASHOK SINGH R/O VILLAGE - MACHACHA, P.S. - MUFFASIL SINGHAUL ... ... Petitioner/s

Versus

THE CENTRAL BUREAU OF INVESTIGATION THROUGH THE SUPERINTENDENT OF POLICE C.B.I., PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushkar Narayan Shahi, Sr. Advocate For the CBI :

Mr. Awanish Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-09-2023 Heard Mr. Pushkar Narayan Shahi, learned Senior Counsel for the petitioner and Mr. Awanish Kumar Singh, learned Counsel for the CBI.

2. The petitioner is an accused in connection with Special Case No. 16 of 2020 arising out of RC No. 06(S) 2015 registered for the offences under sections 120B, 420, 468 and 471 of the Indian Penal Code and sections 13(2) r/w and 13(1) (d) of the Prevention of Corruption Act lodged on 24.11.2015.

3. As per the prosecution story, the allegation is that the petitioner committed fraud in a provisional bail granted by the Patna High Court in its 2015 order.

4. Learned Senior Counsel submits that for the said alleged act he has already suffered by being in custody since

Patna High Court CR. MISC. No.58047 of 2023(2) dt.04-09-2023 2/2 08.04.2022 (as stated in paragraph 14 of the bail application) and it is high time that relief is granted to him.

5. Learned Counsel appearing for the CBI, on the other hand, submits that he has criminal antecedent and he committed fraud in the order of the Patna High Court. He further undertakes that the trial will be expedited so that it comes to a logical conclusion at an earliest.

6. Taking into account the submissions put forward by the learned respective Counsels, this Court does not deem it fit and proper to extend him privilege of bail, which is accordingly rejected.

7. In view of the fact that he is in custody since 08.04.2022, the Trial Court is directed to expedite the trial and conclude the same preferably within a period of one year from today.

(Rajiv Roy, J) Neha/- U T