Ranajit Kumar Pal @ Ranjit Kumar Pal @ Ranjit v. The Central Bureau Of Investigation (CBI)
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.171 of 2023 Arising Out of PS. Case No.-10 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== RANAJIT KUMAR PAL @ RANJIT KUMAR PAL @ RANJIT Son of Late Balai Chandra Pal R/o 75A, Bhuban Mohan Roy Road, PO and P.S- Barisha Dist- Kolkata 700008 ... ... Petitioner/s
Versus
The Central Bureau of Investigation (CBI) Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Sahay Mr. Amit Narayan Mr. Abhigyan Kumar For the Opposite Party/s :
Mr. Achintya Arya ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. The case arises out of Srijan Scam for which an First Information Report was lodged by the local police bearing Bhagalpur Kotwali (Tilkamanjhi) Police Station Case No. 753 of 2017 dated 16.10.2017, registered under Sections 120B/409/420/467/468/471 of the Indian Penal Code, which was later on handed over to the Central Bureau of Investigation, which registered New Delhi Police Station Case No. RC10/A/2018 dated 14.08.2018. The prosecution case is that the petitioner in furtherance of the criminal conspiracy with the other accused persons i.e. officers of Indian Bank, Bhagalpur verified and made the entry of loose cheque no. 995218 dated 02.02.2007 of Rs. Two Crore, cheque no. 98204 dated 11.03.2007 of Rs. Two
2/4 Crore, cheque no. 98205 dated 27.08.2007 of Rs. Two Crore in the system. The petitioner, who was the Assistant Manager of the Indian Bank, passed the cheque no. 98202 dated 16.08.2007 for Rs. Two Crore, cheque no. 797341 dated 30.05.2007 of Rs. One Crore, very well knowing the fact that the specimen signature of one Vipin Kumar was different from his signature on the cheque. The cheque book series no. 797341 to 797360 had fraudulently been issued on the account of District Magistrate, Bhagalpur by the co-accused and the petitioner, was the checker for issuance of the cheque book.
The petitioner was found instrumental in wrongful issuance of cheque books to unauthorized persons and later on cheques from these cheque books were illegally and wrongfully used in diversion of huge amount of public money from the account of District Magistrate, Bhagalpur to the account of SMVSSL. Learned Counsel for the petitioner submits that for an occurrence which had taken place about ten years back in 2007, the petitioner has been made accused by virtue of the First Information Report lodged in 2017-18. The petitioner had already retired in 2009 from the bank services and right now he is aged about 73 years.
3/4 arrest the petitioner and the charge-sheet has already been filed in the present matter against the petitioner on 18.03.2021. He next submits that on the similar allegation, two First Information Report have been lodged against the petitioner bearing Special Case no. 12 of 2020 arising out of RC Case no. 14(A) of 2017, corresponding to Bhagalpur Kotwali (Tilkamanjhi) Police Station Case no. 505 of 2017 and the present case. In the RC Case no. 14(A) of 2017, the petitioner has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 25.04.2023. The allegation against the petitioner is based upon the documents. The petitioner, who is an old person, has already retired and as such there is no likelihood that he will abscond and/or temper with the evidence.
Learned counsel for the Central Bureau of Investigation submits that he has got no instruction. Regards being had to the submissions made on behalf of the parties and taking into consideration the material on record and the fact that the petitioner is an old person, charge-sheet has already been filed and there is no likelihood that the petitioner will abscond and/or temper with the evidence, the petitioner has been granted anticipatory bail by a Coordinate Bench of this Court in an identical matter, accordingly,
4/4 I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Court, CBI-II, Patna, in connection with New Delhi Police Station Case No. RC10/A/2018 arising out of Bhagalpur Kotwali (Tilkamanjhi) Police Station Case No. 753 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J) ashwani/- U