Patna High Court – Orders
Dinkar Tigga vs The Central Bureau Of Investigation, … on 15 April, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84356 of 2024
Arising Out of PS. Case No.-15 Year-2018 Thana- C.B.I CASE District- Patna
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Dinkar Tigga S/O Late Abnezar Tigga Resident of village- Patel Nagar Road
No-1 Hesag, Near vasundhara Apartment Hatia , P.S-Jaganathpur, District-
Ranchi Jharkhand, 834002
... ... Petitioner/s
Versus
The Central Bureau of Investigation, Patna Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Advocate
For the CBI : Mr.Nivedita Nirvikar, Sr. Advocate
Mr. Prasoon Shekhar, Advocate
Mr. Rajesh Kumar, Advocate
Mr. Ankit Kumar, Advocate
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CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
11 15-04-2025
Heard learned counsel for the petitioner and learned
Senior counsel for the C.B.I.
2. The petitioner apprehends his arrest in connection
with R.C. Case No. 15/S/2018 arising out of Kotwali P.S. Case
No. 658 of 2017 for the offenses punishable under Sections 420,
120B, 409 and 468 of the Indian Penal Code aCreateOrdernd
Section 13(2) read with Section 13(1)(c) & (d) of the Prevention
of Corruption Act.
3. The present F.I.R relates to illegal transfer and
misuse of funds from the Government Bank accounts in
Bhagalpur, Bihar in a fraudulent manner. The present case is one
of the Srijan Scam case, registered by the Bihar Police. As per
Patna High Court CR. MISC. No.84356 of 2024(11) dt.15-04-2025
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notification issued by the Government of Bihar and subsequent
notification of Government of India, this case registered as
Kotwali P.S. Case No. 658 of 2017 dated 20.09.2017, was taken
up for investigation by C.B.I. The case was registered on the
basis of a written complaint dated 20.09.2017 of Shri. Sunil
Kumar, the then Block Development Officer, Pirpainti Block,
Bhagalpur.
4. The allegation against the petitioner as mentioned
in paragraph no. 16 (vii) of the supplementary charge-sheet
which discloses that a Cheque No. 042290 dated 22.05.2009 for
Rs. 2,60,75,000/- issued from Account No. 1001010003736 by
the D.D.C, Bhagalpur in favour of Block Development Officer,
Pirpainti was received in Pirpainti Block, Bhagalpur. This
cheque was presented in the Indian Bank, Bhagalpur with a
deposit slip of Srijan. The said case in favour of B.D.O,
Pirpainti and the voucher was passed by Hare Krishna Adak,
Maker (already charge-sheeted) and Dinker Tigga, the petitioner
herein as Checker and the same was approved by Surjit Raha
(already charge-sheeted). The amount was debited from account
of DDC, Bhagalpur and was transferred to the account of Srijan
bearing Account No. 822726120 maintained with Indian Bank
in illegal manner by aforesaid three officials of Indian Bank.
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5. Learned counsel for the petitioner submits that the
petitioner was not initially named in the F.I.R and his name has
subsequently transpired in the supplementary charge-sheet
submitted by the C.B.I after 5 years of the case being lodged.
The supplementary charge-sheet has been annexed as Annexure-
2 to the application.
6. The submission on behalf of the petitioner is that
the petitioner is implicated in the instant case merely on
suspicion, while the petitioner was only performing his official
duties in accordance with the Bank’s regulations. It has also
been submitted that throughout the investigation, no illegal
transactions or unauthorized funds have been recovered, either
in cash or from the petitioner’s bank accounts.
7. Learned counsel also submits that several accused
persons in different cases of Srijan Scam, bearing similar nature
of allegations have already been granted the privilege of
anticipatory bail and a few of such orders are order dated
01.11.2021 passed in Cr. Misc. No. 27106 of 2020, order dated
17.01.2022 passed in Cr. Misc. No. 40468 of 2021 and order
dated 11.01.2023 passed in Cr. Misc. No.39062 of 2022.
Learned counsel further submits that the entire case is based on
documentary evidence and the charge-sheet has already been
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submitted against him and thus, there is no requirement of any
custodial interrogation of the petitioner in the present case. The
petitioner cannot be said to be the beneficiary in this matter as
no seizure or recovery has been made from the account of the
petitioner or from his possession. The petitioner also undertakes
that he is ready to co-operate in the trial and would make
himself available before the learned Court below as and when
his appearance would be required.
8. The law now stands settled, in view of the judicial
pronouncements of the Hon’ble Apex Court as stated in the case
of Satyendra Kumar Antil vs. C.B.I reported in (2021) 10 SCC
773 and other cases wherein it has been laid down that the
accused should not be sent to custody merely on filing of the
charge-sheet when he was not arrested throughout the
investigation and while he also co-operated in the process of
investigation. In the case of Mahdoom Bava vs. CBI in SLP
(Crl.) No. 376 of 2023, it has been categorically mentioned in
paragraph nos. 9 and 10 that if the objection of the C.B.I was to
secure the presence of the accused before the trial Court to face
the trial, in such circumstances, it may not be proper to oppose
the anticipatory bail at this stage. It was also held that the
appellants apprehend arrest, not at the behest of the C.B.I but at
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the behest of the trial Court.
9. Learned Senior counsel appearing for C.B.I,
however opposes the prayer for anticipatory bail on the ground
that the allegations against the petitioner are serious in nature
and the supplementary charge-sheet submitted against the
petitioner discloses the allegation against him. It has also been
submitted that the petitioner has a number of criminal
antecedents. In response to the above mentioned submissions
made by learned Senior counsel for C.B.I, learned counsel for
the petitioner submits that the name of the petitioner has
transpired after five years of the F.I.R in the supplementary
charge-sheet and it is only after he was made an accused in the
Srijan Scam case, a number of cases as stated in paragraph no. 3
of the petition were instituted against him.
10. In view of all the above mentioned facts and
circumstances of the case, this Court deems it proper to take into
consideration the fact that accused persons with similar nature
of allegations in the different cases of Srijan Scam have already
been granted privilege of anticipatory bail. Moreover,
considering the judicial pronouncements made by the Hon’ble
Apex Court in the cases referred here-in-above, I am inclined to
extend the privilege of anticipatory bail to the petitioner.
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11. Let the petitioner, above named, in the event of his
arrest or surrender before the learned Court below within a
period of six weeks, be released on anticipatory bail in
connection with R.C. Case No. 15/S/2018 arising out of Kotwali
P.S. Case No. 658 of 2017 on furnishing bail bond of
Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge, CBI-II, Patna subject to the condition laid down under
Section 438(2) of the Code of Criminal Procedure/Section
482(2) of the B.N.S.S, 2023 and subject to further condition:-
(i) The petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the trial
Court.
(ii) If the petitioner is found tampering with the
evidence or witness in the case, the prosecution will be at liberty
to move for cancellation of bail.
(Soni Shrivastava, J)
Harsh/-
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