Arun Kumar v. The Central Bureau Of Investigation, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71115 of 2021 Arising Out of PS. Case No.-2 Year-2016 Thana- C.B.I CASE District- Patna ====================================================== ARUN KUMAR S/o Ramkeshwar Bind Resident of Mohalla- Indrapuri Road No. 6 Railway Line, P.S.- Patliputra, District- Patna, Permanent AddressJagdishpur Lalim, P.S.- Parasbigha, District- Jehanabd. ... ... Petitioner/s
Versus
THE CENTRAL BUREAU OF INVESTIGATION, PATNA. PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Upendra Kumar Singh For the Opposite Party/s :
Mr. Sourendra Pandey, SPL PP CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2022 Heard learned counsel for the parties.
Petitioner apprehends his arrest in a case registered for the offence punishable under Section 420, 467, 468 and some other ancillary Sections of the Indian Penal Code and u/s 13(2) r/w13(1)(d) of P.C. Act.
As per the prosecution case, vide Cr. Misc. No. 18211/ 2016 regular bail petition was moved before this court on the basis of forged and fabricated copy of FIR which was related to FIR No. 155/ 2013 of Beur police station. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. Petitioner is an advocate and neither the brief of accused was personal nor he was acquainted about the facts of the case
Patna High Court CR. MISC. No.71115 of 2021(10) dt.06-12-2022 2/3 nor the bail petition of accused was drafted by him. Moreover, petitioner has not himself argued the case nor assisted to any senior advocate who has put signature on the bail petition drafted by some other advocate of accused person at the behest of one Chandradeo Prasad, who happened to be advocate Clerk of Patna High Court. Petitioner fully co-operated during the investigation and there is no allegation of tampering with evidence against him. Charge sheet has already been submitted. Petitioner has got clean antecedent.
Learned counsel appearing for the CBI opposes the prayer for anticipatory bail and submits that there is sufficient material against the persons named in the charge sheet regarding their involvement in the occurrence.
Considering the facts of the case, nature of accusation, clean antecedent of the petitioner coupled with the fact that petitioner fully co-operated during the investigation and there is no allegation of tampering with evidence against him and charge sheet has already been submitted, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge-II, CBI,
Patna High Court CR. MISC. No.71115 of 2021(10) dt.06-12-2022 3/3 Patna in connection with Special case No. 06/ 2019, arising out of RC02(S) 2016-SCB, Patna, subject to conditions laid down u/s 438(2) of the Cr. P. C. with the following conditions: - (I) The Petitioner/accused should not contact the prosecution witnesses or any person acquainted with the facts of accusation against them so as to dissuade them from disclosing the same to the Court or to the police.
(II) The petitioner/accused should cooperate the trail court in expeditious disposal of the trial against them. (III) The petitioner/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The petitioner/ accused should not repeat commission of similar offence in future and if they are found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicants in the instant case.
(Prabhat Kumar Singh, J) BKS/- U T