The court rejected a pre-arrest bail application filed by a former Sub Postmaster accused of misappropriating funds. Due to the gravity of the offence and the corroboration of allegations during investigation, the court declined to grant relief.
Pre-arrest bail application rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31299 of 2018
Arising Out of PS. Case No.-20 Year-2017 Thana- C.B.I CASE District- Patna
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Talat Sultana wife of Late Md. Fahimuddin Ansari, resident of Mohalla Dilawarpur, Kali Taziya Munger, P.S. Kotwali, District Munger, the then Sub Postmaster, N.D. Road, S.O. Munger.
Versus
The State Of Bihar through C. B. I.
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. For the Opposite Party/s : Mr. Bipin Kumar Sinha, SC/CBI ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
5 17-06-2020 Heard Mr. Ajay Kumar Thakur learned counsel for the petitioner and Mr. Bipin Kumar Sinha, learned standing counsel for the C.B.I. via video conferencing.
The petitioner has filed the present application for grant of pre-arrest bail in connection with R.C. Case No. 20(A) of 2017 registered for the offence punishable under Sections 120B, 409, 420, 467, 468, 471, 477A of the Indian Penal Code and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988.
Considering the gravity of the offence and the allegation that the petitioner and others misappropriated Rs. 95,39,100/- from sixteen accounts of N.D. Road, Sub-Post Office, Munger and another Sub-Post office, Munger and the
Patna High Court CR. MISC. No.31299 of 2018(5) dt.17-06-2020 2/2
allegation has been found true during investigation and chargesheet has already been submitted against the petitioner, I am not inclined to grant him pre-arrest bail. The application is rejected.
(Ashwani Kumar Singh, J)
rohit/-
U T
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in connection with charges of corruption and criminal conspiracy.
Whether the gravity of misappropriation of funds and true ingredients of the offence preclude the grant of anticipatory bail.
2 provisions across 2 enactments
Talat Sultana
The State Of Bihar through C. B. I.
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
