Nawal Kishore v. The State Of Bihar Through C.B.I. Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5365 of 2019 Arising Out of PS. Case No.-1 Year-2008 Thana- C.B.I CASE District- Patna ====================================================== Nawal Kishore S/o Late Jhari Lal Das Resident of Village- Lallu Pokhar, Mishra Colony , P.S- Kasim Bazar, District- Munger ... ... Petitioner/s

Versus

The State of Bihar through C.B.I. Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. R. S. Roy, Sr. Adv.

Mr.Karuna Nath Sahay, Adv.

For the CBI :

Mr.Bipin Kumar Sinha, S.C. (CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Sections 120B, 411, 420, 467, 468 and 471 of the Indian Penal Code and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act.

The FIR has been lodged by the order of Hon'ble High Court dated 19-08-2008 in CWJC No. 660 of 2006. The FIR relates to theft of NSC & KVP of Rs. 40 Crores approximately. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 05-06-2018. Charge sheet has already been submitted. The petitioner has been made accused in the present case due to mistake of fact. The petitioner

Patna High Court CR. MISC. No.5365 of 2019(6) dt.18-07-2019 2/2 is a government employee and he will not abscond if he is enlarged on bail. He will fully cooperate with the trial. He has already remained in custody for more than a year. The other several co-accused with similar allegation have been granted bail by coordinate benches of this court vide orders dated 23.08.2011, 29.09.2011, 03.05.2012, 28.05.2012, 22.08.2012 and 07.02.2019 passed in Cr. Misc. Nos. 24920 of 2011, 29828 of 2011, 17386 of 2012, 21081 of 2012, 30538 of 2012 and 2444 of 2019 respectively.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, CBI-II, Patna in connection with Case No. RC 1(S)/2008, Special Case No. 04 of 2017.

(Sudhir Singh, J) A.K.V.//- U T