Allowed

Brajesh Mishra v. Union of India through the Central Bureau of Investigation

Jharkhand HC5 Feb 2019A.B.A./425/2019

Case brief

AI extract

What is this about?

In A.B.A. No. 425 of 2019, the High Court of Jharkhand granted anticipatory bail to Brajesh Mishra in connection with an FIR involving cheating and forgery. The court directed that if the petitioner is arrested or surrenders within four weeks, he shall be released on bail furnishing a bond of Rs. 2,00,000 with two sureties.

What did the court decide?

Grant of anticipatory bail; petitioner to be released on bail on arrest/surrender within four weeks upon production of bail bond of Rs. 2,00,000 with two sureties.

Brajesh Mishra Vs Union of India through the Central Bureau of… — Corruption | Jharkhand HC (2019)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 425 of 2019

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Brajesh Mishra … Petitioner Versus

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Union of India through C.B.I. … Opposite Party

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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. J. Mazumdar, Advocate For the C.B.I. : Mrs. N. Sinha, Advocate

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Order No.02 Dated- 05.02.2019

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Apprehending his arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with R.C. Case No. 03 (S) of 2014-EOW-R (F.I.R. No. 0932014S0003) registered under sections 120B/34/406/420/467/468/471 of the Indian Penal Code.

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Heard the learned counsel for the petitioner and learned counsel for the C̣.B.I.

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The Learned counsel for the petitioner submits that the allegation against the petitioner is that petitioner while posted as Rajswa Karamchari without proper enquiry recommended for mutation of 4.95 decimals of extra land. It is further submitted that though one officer Firoz did not agreed with the recommendation of the petitioners still the circle officer has passed the mutation order ignoring the objections raised by the officer namely Firoz. Learned counsel for the petitioner submits that the petitioner cooperated with the C.B.I. during the investigation and charge sheet has already been submitted in this case and because of the cooperation extended by the petitioner during the investigation, the C.B.I. did not feel it proper to arrest him during the investigation of the case. It is further submitted that the allegation against the petitioner are all false and the same has been done during discharge of his duty and at best the same may be a judgmental error. It is next submitted that petitioner is ready and willing to cooperate with the investigation of the case. Hence, it is

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submitted that the petitioner be given the privilege of anticipatory bail.

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Learned counsel for the C.B.I. submits that charge sheet has already been submitted in this case.

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Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of four weeks from the date of this order, he shall be released on bail on furnishing bail bond of Rs. 2,00,000/- (Rupees Two Lakhs) with two sureties of the like amount each to the satisfaction of learned Special Judge, Ranchi, in connection with R.C. Case No. 03 (S) of 2014-EOW-R (F.I.R. No. 0932014S0003) with the condition that the petitioner will appear before the trial court on each and every date to which the case is listed and in case of his absence on any day, he will furnish satisfactory reason to the trial court for his each days absence in court subject to the conditions laid down under section 438 (2) Cr. P.C.

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(Anil Kumar Choudhary, J . )

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Sonu/Gunjan-

Brajesh Mishra v. Union of India through the Central Bureau of Investigation

Case brief

What is this about?

What did the court decide?

Brajesh Mishra v. Union of India through the Central Bureau of Investigation

Case brief

What is this about?

What did the court decide?

What the court decided

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