Dhananjay Kumar Patal Chandra Ghosh v. The Union Of India Through Director, C.B.I. New Delhi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58843 of 2019 Arising Out of PS. Case No.-4 Year-2017 Thana- C.B.I CASE District- Patna ====================================================== DHANANJAY KUMAR PATAL CHANDRA GHOSH Son of Late Patal Chandra Ghosh Resident of Flat No.D2, Nishant Sindhu, Bibhuti Tower, Bari Khanjarpur, Police Station-Barari, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

THE UNION OF INDIA THROUGH DIRECTOR, C.B.I. NEW DELHI New Delhi 2.

The Superintendent of Police, CBI, ACB, Patna. Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate with Mr.Amarendra Kumar, Advocate For the Opposite Party/s :

Mr.Bipin Kumar Sinha, SC, CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Special Case No. 03 of 2017, arising out of RC4(A) of 2017 in which cognizance has been taken for the offences punishable under Section 13(2) read with Section 13(i) (e) of Prevention of Corruption Act and Section 109 of the Indian Penal Code, pending in the court of Special Judge, CBI, Patna.

Petitioner is found to be in possession of assets worth Rs.47 lakh and odd disproportionate to his known source of income.

Submission of learned counsel for the petitioner is that he has explained everything but he has not been given a chance to appear before the CBI authority to explain the

Patna High Court CR. MISC. No.58843 of 2019(2) dt.19-09-2019 2/2 assessment of his income and if he is granted bail he will explain the same before the authority.

Heard learned counsel for the CBI, who submitted that opportunity was given to the petitioner to explain everything and thereafter final form has been submitted against the petitioner.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and prays for regular bail, learned Special Judge will consider the whole case diary as well as the materials produced by the petitioner while passing order on his bail application.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T