Gopal Krishna Sinha v. The Union Of India, Through Deputy Inspector General Of Police, C.B.I, Bihar, Patna And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17122 of 2015 Arising Out of PS.Case No. -17 Year- 2014 Thana -C.B.I CASE District- PATNA ======================================================

1. Gopal Krishna Sinha, son of late Sita Ram Prasad, resident of Village + P.O. - Dumari, P.S. - Sono, District - Jamui. .... .... Petitioner/s

Versus

1. The Union of India, through Deputy Inspector General of Police, C.B.I, Bihar, Patna.

2. The Bihar State Power Holding Company through its Managing Director, Bailey Road, Patna.

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Bipin Kumar Sinha, SC, CBI ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 28-05-2015 The Petitioner files a Supplementary Affidavit stating therein that the Company concerned has already paid the entire amount.

Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in a case instituted for the offence under Section(s) 420, 379/34 Indian Penal Code, Section 135 of the Bihar State Electricity Act and Section 13(2) and Section 13(1)(d) of the P. C. Act, 1988. Counsel for the CBI submits that other co-accused have been granted regular bail and, so, the Petitioner should not be extended the privilege of anticipatory bail. Considering that the Company has paid the entire

Patna High Court Cr.Misc. No.17122 of 2015 (2) dt.28-05-2015 2/3 dues raised upon it and no useful purpose would be served in keeping the Petitioner behind the bar, it is ordered that in the event of surrender/arrest of the Petitioner, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Special Case No.08 of 2014 arising out of RC-17A/14, he shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Special Judge, CBI-II, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.

and (i) That one of the bailors will be a close relative of the Petitioner, who will give an affidavit giving genealogy as to how he is related with the Petitioner.

Patna High Court Cr.Misc. No.17122 of 2015 (2) dt.28-05-2015 3/3 so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, and (iv) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Anjana Prakash, J) JA/- U T