IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50107 of 2021

Arising Out of PS. Case No.-13 Year-2017 Thana- C.B.I CASE District- Patna

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SANT KUMAR SINHA S/o Late Anil Chandra Sinha R/o Indraprastha

Colony, Lichi Bagan, Ishakchak, P.S.- Ishakchak, District- Bhagalpur.

... ... Petitioner/s

Versus

Central Bureau of Investigation through its Superintendent of Police, Patna

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Bipin Kumar Sinha, S.C. to C.B.I.

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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL ORDER

2

24-02-2022

Heard learned counsel for the parties.

The petitioner has preferred this application for grant

of regular bail in a case registered under sections 34, 120B, 409,

420, 467, 468 and 471 of the Indian Penal Code and sections

13(2) and 13(1)(d) of the Prevention of Corruption Act.

The prosecution case as per the F.I.R., which is one

of the F.I.Rs. in the popularly known as Srijan scam, is that the

accused persons were involved in deposit of cheques meant for

the Government authorities into the account of Srijan Mahila

Vikas Sahyog Samiti Ltd. (‘SMVSSL’ in short). The allegation

specific to this petitioner in the supplementary chargesheet

dated 31.12.2020 being that he was actively involved in filling

of the cheques, filling of the pay-in slips and depositing the

same in the account of SMVSSL.

Patna High Court CR. MISC. No.50107 of 2021(2) dt.24-02-2022

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It is submitted by learned counsel for the petitioner

that the petitioner has been falsely implicated in the case for the

reason that in the relevant period in between 1990 to 2015, he

was working as a Clerk in the Bank of Baroda, Main Branch,

Bhagalpur. The petitioner is not named in the F.I.R. nor in the

chargesheet but on 25.8.2019, the name of the petitioner

transpired for the first time in the supplementary chargesheet

dated 31.12.2020. It is submitted that the petitioner was a mere

Clerk. The prosecution case is primarily dependent on

documentary evidence and the investigation in the case having

been completed, the documents are already in possession of the

Investigation Agencies. The petitioner is in custody since

27.1.2021 and undertakes to cooperate in the trial.

The application for bail is opposed by learned

Standing Counsel for the Central Bureau of Investigation

(‘C.B.I.’ in short). Referring to paragraph nos.16.4, 16.5, 16.6

and 16.7 of the supplementary chargesheet submitted on

31.12.2020, a copy of which has been produced for perusal of

the Court, it is submitted by learned Standing Counsel appearing

for the C.B.I. that direct and substantial material has transpired

against this petitioner that while working as a Clerk in Bank of

Baroda, the petitioner was involved in filling up several

Patna High Court CR. MISC. No.50107 of 2021(2) dt.24-02-2022

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cheques, pay-in slips and crediting the amounts meant for the

Government authorities into the account of SMVSSL. It is

further submitted that to hide the scam from being exposed,

many a times cheques were obtained from Manorma Devi and

credited in the account of District Land Acquisition Officer

(DLAO) so that the scam is not discovered. It is submitted that

once the petitioner is enlarged on bail, he will neither cooperate

in the trial nor permit the case to conclude.

Having heard learned counsel for the parties and

taking into consideration the facts of the case, the nature of

allegation, chargesheet having been submitted in the case and

the petitioner having remained in custody for over 1 year, the

Court directs the petitioner to be enlarged on bail in connection

with Special Case no.2 of 2021 (arising out of R.C. Case

no.13/A/17) on furnishing b