Bidyanand Singh v. The State Of Bihar Through The C.B.I Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62862 of 2022 Arising Out of PS. Case No.-3 Year-2020 Thana- C.B.I CASE District- Patna ====================================================== BIDYANAND SINGH Son of Jagdeo Prasad @ Jagdeo Prasad Singh Resident of Adarsh Vihar Road No.1, Ram Krishna Nagar, P.S.- Ram Krishna Nagar, Patna 800027 ... ... Petitioner/s

Versus

The State of Bihar through the C.B.I Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Kaushal Kishor, Advocate For the Opposite Party :

Mr. Avanish Kumar Singh, S.P.P., C.B.I.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned Special P.P. appearing on behalf of C.B.I.

The petitioner apprehends his arrest in connection with Special Case No.08/2020 bearing RC 3(A)/2020, registered for the offences punishable under Sections 120-B and 420 of the Indian Penal Code as well as under Section 7A of the Prevention of Corruption Act, 1988, and section 468, 471, of IPC has been added later on.

The prosecution case, in brief, is that a preliminary enquiry was registered bearing No. PE 03/2018 on the basis of complaint lodged by railway, alleging mass scale irregularities in the death claim cases filed at RCT, Patna. The enquiry was proceeded and it disclosed that during the period of 2015 to 2017, unknown public servant of Railway conspired with complainants'

Patna High Court CR. MISC. No.62862 of 2022(7) dt.26-06-2023 2/2 advocates and other unknown persons for cheating the railway. In pursuance of the said criminal conspiracy, in accidental death claim cases, only a part of decreed amount actually paid to the claimants and it was received by the claimants. Partially and some part of the decreed amount have been shifted to the conspirators. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that no specific overt act is alleged against the petitioner. The allegation against the petitioner is general and omnibus. Learned Special P.P. for the C.B.I. opposed the prayer for grant of anticipatory bail to the petitioner by submitting that there is ample evidence against the petitioner in the case diary to show his involvement in the alleged offence.

Considering the nature of offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected. (Anjani Kumar Sharan, J) S.KUMAR/- U T