Sadre Alam v. Department Of Central Bureau Of Investigation/Acb, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.872 of 2024 Arising Out of PS. Case No.-10 Year-2022 Thana- C.B.I CASE District- Patna ====================================================== Sadre Alam S/O Late Sirajuddin Ansari Chief General Managaer And Regional Officer (Nhai) At Regional Office Shiv Mitra Apartment, 1st Floor, Vivekanand Marg, Boring Road, Patna, P/A Flat No. 505 And 506 Sukhmani Height, Prahalad Enclave, Near Science Centre, Tagore Hill Road, Morabadi, Distt.- Ranchi, Jharkhand, At Present Flat No. 107, 1st Floor Tauheed Complex, Ashiyana Digha Road, P.S- Rajeev Nagar, Distt.- Patna, Bihar. ... ... Petitioner/s
Versus
Department Of Central Bureau of Investigation/Acb, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravish Mishra For the Opposite Party/s :
Mr.Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned counsel for the C.B.I.
2. Earlier, as per order dated 19.09.2023, bail of the petitioner was rejected by this Bench with a direction to the trial Court to expedite and conclude the same expeditiously and after he has also filed Special Leave to Appeal (Crl.) No(s). 13861 of 2023, before the Hon'ble Supreme Court, but the same was withdrawn from his side on 30.10.2023.
Patna High Court CR. MISC. No.872 of 2024(3) dt.23-02-2024 2/3
3. The petitioner has prayed for regular bail in this case registered for the offence punishable under Sections 7/8 of the P.C. Act and Section 120B of the Indian Penal Code.
4. From the perusal of the progress report dated 24.01.2024, it appears that in this case presently, there has been no progress in the trial and investigation is continuing against the only accused person namely, S. Rajbhar and this case is at very initial stage of trial. From the said report, it also appears that due to non completion of whole investigation of this case trial Court has not taken any further step of taking cognizance against the accused persons.
5. It is submitted by learned counsel for the petitioner that there is no hope to conclude the trial in the near future because cognizance has not been taken and charge has also not been framed against him, whereas, the petitioner is languishing in judicial custody since 24.09.2022.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with C.B.I. Case P.S. Case No. 10 of 2022 on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.872 of 2024(3) dt.23-02-2024 3/3 (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I.-III, Patna. (Sunil Kumar Panwar, J) Arish/- U T