Usha Kumari v. The Union Of India Through Superintendent Of Police, C.B.I, Acb, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72254 of 2022 Arising Out of PS. Case No.-5 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== USHA KUMARI W/o Sri Arun Kumar R/o- H.N.- 358, Shanti Bihar Colony, Rajeev Nagar, Road No- 26, P.S.- Rajeev Nagar, District- Patna ... ... Petitioner/s
Versus
THE UNION OF INDIA THROUGH SUPERINTENDENT OF POLICE, C.B.I, ACB, PATNA Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72284 of 2022 Arising Out of PS. Case No.-5 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== SANJAY RAM S/o Bindeshwar Ram R/v- Patringa, P.S.- Sigori, DistrictPatna ... ... Petitioner/s
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CENTRAL BUREAU OF INVESTIGATION, THROUGH SUPERINTENDENT OF POLICE, CBI/ACB, PATNA Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 72254 of 2022) For the Petitioner/s :
Mr.Chandra Bhushan Singh For the C.B.I. :
Mr.Avanish Kr. Singh, Adv, SPP CBI (In CRIMINAL MISCELLANEOUS No. 72284 of 2022) For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Md. d Fazle Karim For the Opposite Party/s :
Mr.Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 At the outset, it is submitted by learned counsel appearing on behalf of C.B.I. that case diary received in this case may be returned to the court below.
Office is directed to remit back the case diary of this case to the court below at once.
Patna High Court CR. MISC. No.72254 of 2022(6) dt.11-05-2023 2/3 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have prayed for bail in a case instituted for the offence punishable under Sections 120-B, 201, 419, 420, 467, 468, 471 and 474, 477A, 511 of the IPC and Section 13(2) read with Section 13(1)(d) of the PC Act. As per allegation in the FIR, petitioner Usha Kumari was appointed as Panchayat Teacher as on appointment letter, his name was incorporated by using whitener. Petitioner Sanjay Ram was Mukhiya of the Panchayat at the time of appointment of Panchayat Teacher.
Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed no offence. It is submitted that petitioner Usha Kumar is not continuing her service of teacher and petitioner Sanjay Ram has no concern with the alleged offence. Similarly situated other accused person has already been enlarged on bail vide order dated 22.3.2023 passed in Cr. Misc. No. 74107 of 2022. Both the petitioners are in languishing in judicial custody for more than six months.
The application for bail is opposed by learned APP for the State.
Patna High Court CR. MISC. No.72254 of 2022(6) dt.11-05-2023 3/3 Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Special Judge C.B.I, Patna in connection with Rajeev Nagar P.S. Case No. Rc No. 05(A) of 2018 (RC0232018A0005). (Sunil Kumar Panwar, J) sushma/- U