Rajeev Kumar @ Karu v. The Economic Offence Department
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78272 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Rajeev Kumar @ Karu S/O Surendra Prasad R/O Kundwapar, P.S- Ekangar Sarai, Distt.- Nalanda.
... ... Petitioner/s
Versus
The Economic Offence Department, Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 83470 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== 1.
Pinku Kumar @ Panku Kumar S/o- Mahendra Kumar Village- Beldarbigha PS-Chabilapur Dist- Nalanda 2.
Paramjeet Singh @ Bittu S/o- Prakash Kumar Village- Beldarbigha PSChabilapur Dist- Nalanda ... ... Petitioner/s
Versus
The Economic Offence Department, Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 78272 of 2024) For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate :
Mr. Rajeev Kumar, Advocate For the EOU :
Mr. V.N.P. Sinha, Sr. Advocate :
Mr. Vijay Anand, Advocate (In CRIMINAL MISCELLANEOUS No. 83470 of 2024) For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate :
Mr. Rajeev Kumar, Advocate For the EOU :
Mr. V.N.P. Sinha, Sr. Advocate :
Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-03-2025 Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioner and Mr. V.N.P. Sinha, learned Senior Counsel for the Economic Offence Unit, Bihar.
2. The petitioners are in custody in connection with Economic Offence Case No. 13 of 2024 for the offence
2/4 registered under sections 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code, lodged on 22.06.2024 by the informant, Dev Narayan Paswan.
3. As per the prosecution story, the informant Police Officer on secret information about gathering of accused in the farm house of All India Institute of Medical Sciences, Deoghar (Jharkhand) went there. Though they tried to escape, were apprehended and number of mobile phones, ATM Cards/Aadhar Cards recovered/seized. This led to the F.I.R./arrest.
4. Learned Senior Counsel for the petitioners submit that nothing has been recovered from their conscious possession, they have been arrested on 20.06.2024 and he is also an accused in Rajgir P.S. Case No. 59 of 2023.
5. So far as Cr. Misc. No. 83470 of 2024 (Pinku Kumar and Ors. vs. State of Bihar) is concerned petitioner no.1 is having no criminal antecedent while the petitioner no.2 is an accused in Chhabilapur P.S. Case No. 26 of 2011.
6. It is the case of the petitioners in this second petition that nothing has been recovered from their conscious possession and they too are in custody since 20.06.2024.
7. Mr. V.N.P. Sinha is representing the Economic Offence Unit in both the cases and counter affidavits have been filed bringing on record dubious transactions in the back account
3/4 of the petitioners to show that during that period, 15 Lakhs came and were withdrawn in a short period.
8. Mr. N.K. Agrawal, learned Senior Counsel for the petitioners has taken this Court to the reply to the counter affidavit to show that the amount was credited after selling of the land of Khata No.4 (Khesara 820, Area 25 Decimal, Thana No.
499) in the Rajgir Circle (Nalanda). It is his further submission that they shall be diligently appearing in trial, if granted relief.
9. Taking into account the aforesaid facts as also that charge-sheet stands submitted, nothing have been recovered from their conscious as recorded in the petition, they are in custody since 20.06.2024 and an undertaking have been given that they shall be diligently appearing in trial, in that background, this Court is inclined to extend them the privilege of bail with conditions.
10. Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st-cum-Special Judge Economic Offence, Patna, in connection with Economic Offence Case No. 13 of 2024, subject to the following conditions:
(i) one of the bailor should be the family
4/4 member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every month for next one year to mark their attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) vinayak/- U T