Kumar Amrit Raj Vs the Union of India through Central Bureau of… — Corruption | Patna HC (2024)

Kumar Amrit Raj Vs the Union of India through Central Bureau of… — Corruption | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: release upon arrest or surrender before the learned Court below within six weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, CBI-I, Patna, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the petitioner, who apprehends arrest in CBI FIR No. RC0232021A0001 dated 11.01.2021 (offences under Sections 120B, 420, 409, 403, 468, 471 IPC and Sections 13(2), 13(1)(a) PC Act), should be granted anticipatory bail. +1 more

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned Court below within six weeks, the petitioner is to be released on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Special Judge, CBI-I, Patna.

Ratio / Principle

The grant rests on the facts that the petitioner co-operated with the CBI during investigation, was never arrested despite repeated interrogations, and the charge sheet has been submitted — facts the CBI's counsel was not in a position to rebut.

Key takeaways

Release on anticipatory bail is subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail granted — Satyavrat Verma, J (Patna High Court, Crl. Misc. No.12764 of 2024, decided 04-09-2024). Petitioner, erstwhile Branch Manager, Union Bank of India, Bettiah Branch (West Champaran), apprehended arrest in CBI FIR No. RC0232021A0001 dated 11.01.2021 (PS Case No.-1/2021, C.B.I CASE, Patna), pending as Special Case No.04/2021 before the Special Judge, CBI-I, Patna, for offences under Sections 120B, 420, 409, 403, 468, 471 IPC and Sections 13(2), 13(1)(a) PC Act (2018 amendment). Noting that he had co-operated throughout investigation, was repeatedly examined but never arrested, and that the charge sheet stands submitted — facts unrebutted by the CBI — the Court directed his release on arrest or surrender within six weeks on a Rs.10,000 bond with two like sureties, subject to Section 438(2) Cr.P.C. conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12764 of 2024

Arising Out of PS. Case No.-1 Year-2021 Thana- C.B.I CASE District- Patna

======================================================

Kumar Amrit Raj S/O Late Narmedeshwar Prasad Singh @ Narvedeshwar Prasad Singh Permanent Resident Of- 18 State Bank Of India, Staff Bank Colony, Ratu Road, Picsa Mod, Hehal, Ranchi, Jharkhand-834005.

... ... Petitioner/s

Versus

The Union Of India Through Central Bureau Of Investigation, Anti Corruption Branch, S.K. Singh Path, Bailey Road, Patna-800022.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sagar Suman, Adv. For the Opposite Party/s : Mr. Awanish Kumar Singh, Spl. P.P. for CBI

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

5 04-09-2024

Heard learned counsel for the petitioner and learned Special P.P. for the C.B.I. Mr. Awanish Kumar Singh.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 120B, 420, 409, 403, 468, 471 of the Indian Penal Code and Sections 13(2), 13(1)(a) of Prevention of Corruption Act (as amended in 2018).

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is next submitted that petitioner, at the relevant time, when the alleged occurrence is said to have taken place was the Branch Manager of Union Bank of India, Bettiah Branch, West Champaran. It is next submitted that the C.B.I. during the course of investigation had called the petitioner several times for

Patna High Court CR. MISC. No.12764 of 2024(5) dt.04-09-2024 2/3

interrogation and inquiry and thereafter charge sheet came to be submitted. It is thus submitted that when petitioner co-operated in the investigation and the C.B.I. never felt the need of arresting the petitioner, whether it would be prudent for this court to send the petitioner to jail, at this stage, when charge sheet has been submitted.

The learned counsel appearing on behalf of the C.B.I. opposes the anticipatory bail application but then is not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that petitioner during the course of investigation co-operated with the C.B.I. and the C.B..I never felt the need of arresting the petitioner and the charge sheet has been submitted.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, CBI-I, Patna, in connection with FIR No.-RC0232021A0001 dated 11.01.2021 as Special Case No.04/2021 (RC 01(A)/2021),

Patna High Court CR. MISC. No.12764 of 2024(5) dt.04-09-2024 3/3

subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J)

amit/-

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