IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28488 of 2022

Arising Out of PS. Case No.-2 Year-2021 Thana- C.B.I CASE District- Patna

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RANJAY KUMAR S/o Late Chhotan Lal Thakur Resident of Jhunjhunbala

Road, Danapur Cant, P.S.- Danapur, Dstrict- Patna.

... ... Petitioner/s

Versus

The Central Bureau of Investigation, Bihar, Patna. Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Prafull Chandra Jha, Advocate

For the Opposite Party/s :

Mr. Avanish Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

5

08-02-2023

Heard the parties.

The petitioner apprehends his arrest in connection

with Special Case No. 3 of 2021 arising out of RC Case No.

02(A) of 2021 for the offence registered under Sections 120B,

409, 420, 467, 468, 471 and 477A of the Indian Penal Code and

Section Section 13(2) (a) read with 13(i)(a) of the Prevention of

Corruption Act, 1988.

As per the prosecution story, the allegation is of

misappropriation of money by the accused persons between the

period 2017-2019 while posted at Lal Bahadur Shastri Nagar

Post Office, Patna.

In this case, the petitioner was posted at Lal Bahadur

Patna High Court CR. MISC. No.28488 of 2022(5) dt.08-02-2023

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Shastri Nagar Post Office, Patna between the period 05.12.2017

to 08.01.2018 and during that period allegation against him is

that he misappropriated Rs.3,95,000/-.

By way of supplementary affidavit, it has been

brought on record that without accepting the allegation, the

petitioner has deposited Rs.3,95,000/- to the Bankipur Post

Office under which the Lal Bahadur Shastri Nagar Post Office

function’s on 01.02.2023 and (Annexure-3/1) a copy of which

has already been served upon opposite party.

Learned counsel for the CBI submits that the

petitioner during the period, he was posted at Lal Bahadur

Shastri Nagar Post Office misappropriated the aforesaid amount

and as such does not deserve relief.

To this learned counsel for the petitioner submits that

similarly placed co-accused Kumari Poonam deposited the

alleged amount and vide Cr. Misc. No.25348/2022 she was

granted the relief.

Let the copy of the said order be kept on record.

Taking into account the aforesaid facts as also that the

misappropriated amount as alleged against him has been

deposited by him, case lodged, ultimately he will face the trial,

this Court is inclined to grant him privilege of bail.

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Let the petitioner be released on bail, in the event of

his arrest or surrender before the Sub-ordinate court within a

period of four weeks from the receipt of this order, on furnishing

bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two

sureties of the like amount each in connection with Special Case

No. 3 of 2021 arising out of RC Case No. 02(A) of 2021 to the

satisfaction of learned Special Judge, CBI, IInd, Patna, subject

to the conditions as laid down under Section 438(2) of the

Cr.P.C. with further conditions that:

(i) one of the bailor should be the family member of

the petitioner who shall provide official document to show

his/her bona fide;

(ii) the petitioner shall appear on each and every date

before the Trial court and failure to do so for two consecutive

dates without plausible reason will entail cancellation of his/her

bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or

promise or threat the witnesses or tamper with the evidences,

failing which the State shall be at liberty to take steps for

cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any

criminal offence again failing which the State shall be at liberty

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to take steps fo