Rajni Priya v. The State Through Central Bureau Of Investigation
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85253 of 2024 Arising Out of PS. Case No.-14 Year-2017 Thana- C.B.I CASE District- Patna ====================================================== Rajni Priya W/O Late Amit Kumar R/o-103, Brahman Tola, Sabaur, Vill.- Sabaur, Anchal- Sabaur, Bhagalpur, Bihar, PIN- 813210 ... ... Petitioner/s
Versus
The State through Central Bureau of Investigation Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar, Advocate Mr. Avinash Kumar, Advocate Mr. Pankaj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Dr. Krishna Nandan Singh, (ASG) Mr. Brijesh Kumar Singh, DLA, CBI Mr. Shivaditya Dhari Sinha, AC to ASG Mr. Abhijeet Gautam, JC to ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-06-2025 Heard Learned Counsel for the petitioner and Learned Senior Counsel appearing on behalf of the Central Bureau of India.
2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with R.C. Case No.14(A)/2017 corresponding to Special Case No.12 of 2020, under Sections 409/420/467/468/471/34/120B of the Indian Penal Code and under Sections 13(2)/13(1)(c)/(d) of the Prevention of
2/4 Corruption Act, 1988 pending in the Court of Special Judge, CBI-II, Patna.
3. Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 22.02.2024 passed in Cr. Misc. No.11113 of 2024.
4. Learned Counsel for the petitioner submits that charge has been framed against the petitioner in this case and he is in custody since 11.08.2023. He submits that no purpose shall be solved keeping the petitioner in custody and petitioner is being unnecessarily harassed. Counsel submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him and shall cooperate in the trial. Learned Counsel for the petitioner submits that the co-signatory has also been granted bail by this Court and only petitioner's bail has been rejected and she is lingering in custody. He submits that with a view to know the progress of the trial, progress report was called for.
5. Learned Senior Counsel for the CBI opposes the prayer for bail of the petitioner and submits that in the present case there are 27 accused persons including the present petitioner. Supplementary charge sheet has also been filed in this case. Counsel submits that due to non-appearance of the
3/4 petitioner and due to non-cooperation of the petitioner the Trial could not commence as the petitioner was evading her appearance using different means and after rigorous efforts by the Investigating Agency, the petitioner could be arrested. Senior Counsel submits that investigation in other cases are also pending and still in five criminal cases charge has not been framed. Learned Senior Counsel further submits that in this case evidence of prosecution has been initiated, but examination of some of the material witnesses are yet to be taken. Learned Senior Counsel submits that after release of the petitioner those material witnesses shall be tampered due to interference of the petitioner and this is the basic apprehension of the prosecuting agency and it is due to this reason the prosecuting agency is opposing the bail application of the present petitioner.
6. After going through the report of the stage of the Trial it transpires that there are total 26 accused persons in this case and charge has been framed on 28.02.2025, total 64 witnesses and 226 documents are on the record, which are the basis of the Trial. The Court of CBI has indicated that the Trial is likely to be concluded approximately within one and half years.
7. In the light of the submissions made by the parties,
4/4 this Court is not inclined to grant bail to the accused at present. Hence, the prayer for bail of the petitioner is hereby rejected.
8. It is directed to the CBI to adduce evidence of the material witnesses at the earliest preferably within six months. (Dr. Anshuman, J) Mkr./- U T