Patna High Court – Orders
Surendra Singh vs The Central Bureau Of … on 17 January, 2025
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84581 of 2024
Arising Out of PS. Case No.-1 Year-2008 Thana- C.B.I CASE District- Patna
======================================================
SURENDRA SINGH Son of Ram Sakal Singh Resident of Krishna Garh, P.S-
Bhojpur, Distt.- Bhojpur
... ... Petitioner/s
Versus
THE CENTRAL BUREAU OF INVESTIGATION(CBI) Dr. S.K. Singh Path,
Jawaharlal Nehru Road , Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lal Babu Singh, Advocate
For the Opposite Party/s : Mrs.Nivedita Nirvikar, Sr. Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 17-01-2025
The learned counsel for the respondent-Central
Bureau of Investigation seeks to file a counter affidavit, copy
whereof has already been filed online. Let the same be kept on
record.
2. Heard the learned counsel for the petitioner and the
learned Sr. counsel appearing for the Central Bureau of
Investigation.
3. This is an application for grant of anticipatory bail
in connection with Special Case No. 04 of 2017, arising out of
R.C. No. 01(S) of 2008, instituted under Sections 120B, 411,
420, 467 and 468 of the Indian Penal Code and Sections 13(2)
read with Section 13(1)(d) of the Prevention of Corruption Act,
1988, which in fact is connected with Patna Junction Rail P.S.
Case No. 29 of 1998, registered for the offences punishable
under Sections 409, 420, 468 and 471 of the Indian Penal Code
and Sections 13(2) read with Section 13(1)(d) of the Prevention
Patna High Court CR. MISC. No.84581 of 2024(3) dt.17-01-2025
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4. The allegation is regarding the petitioner herein and
other co-accused persons having conspired and fraudulently
prepared National Savings Certificates in their names/in the
name of their firm, for the purposes of award of contract, by
misusing stolen N.S.Cs.
5. The learned counsel for the petitioner has
submitted that the fact is that originally when N.S.C. leaves
were stolen and allegations were levelled against various
accused persons of misusing the same to their benefits, an F.I.R.
bearing Patna Junction Rail P.S. Case No. 29 of 1998, was
registered for the offences punishable under Sections 468, 409,
120(B), 379 of Indian Penal Code. It is further submitted that in
the said F.I.R., it was alleged that National Savings Certificate
and Kisan Vikas Patra were looted from the railway wagon at
Patna Junction and the petitioner, along with others, had
misused the stolen National Savings Certificate leaves for the
purposes of depositing National Savings Certificate as security
while availing contract from the Bihar Government Department.
It is also submitted that the petitioner was granted anticipatory
bail in the aforesaid case by an order dated 20.03.2007, passed
by the learned Court of Sessions Judge, Patna in Anticipatory
Patna High Court CR. MISC. No.84581 of 2024(3) dt.17-01-2025
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Bail Petition No. 3991/2006. It is thus submitted by the learned
counsel for the petitioner that the petitioner has all along been
on bail, he has never misused the privilege of bail and the
present C.B.I. case, in connection with which, he has
approached this Court for grant of anticipatory bail, is an
extension of the earlier Patna Junction Rail P.S. Case No. 29 of
1998, apart from the fact that the allegations levelled in both the
cases are same and similar, hence it is submitted that there is no
impediment in granting anticipatory bail to the petitioner herein.
6. Per contra, the learned Sr. counsel for the C.B.I.
has opposed the prayer for bail and has submitted that some
other co-accused persons have been granted regular bail, hence
the petitioner should also surrender before the learned Trial
court and seek regular bail. The learned Sr. counsel for the
C.B.I. has further submitted, by referring to the counter affidavit
filed in the present case, that supplementary charge sheet has
been filed against the petitioner and others finding the case to be
true qua them on 25.05.2015 and investigation has clearly
established that the petitioner along with other co-accused
persons had conspired together and dishonestly possessed and
used 43 N.S.Cs. worth Rs. 4,30,000/-, fraudulently prepared by
using stolen N.S.Cs. leaves, as earnest money/securities in
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connection with the award of tenders in question.
7. Having regard to the facts and circumstances of
the case, particularly the fact that for the same and similar
allegations, the petitioner has been granted bail earlier in
connection with Patna Junction Rail PS Case No. 29 of 1998
and there is no complain of misuse of privilege of bail by him, I
deem it fit and proper to admit the petitioner to the privilege of
anticipatory bail, in the present case as well, more so since some
of the similarly situated co-accused persons have already been
granted the privilege of anticipatory bail.
8. Accordingly, the abovenamed petitioner, in the
event of his arrest or surrender before the court below within a
today period of six weeks from today, is directed to be released
on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs.
Ten thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge, CBI-II, Patna in
connection with Special Case No. 04 of 2017 arising out of R.C.
No. 01(S) of 2008, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J)
S.Sb/-
U T
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