Patna High Court - Orders
Shashi Shekhar vs Central Bureau Of Investigation ... on 24 January, 2018
Author: Arun Kumar
Bench: Arun Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62199 of 2017
Arising Out of PS.Case No. -15 Year- 2017 Thana -C.B.I CASE District- PATNA
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Shashi Shekhar S/o Late Pryabrat Kumar Verma, R/o Flat No. 506,
Maharaja Kameshwar Residential Complex, Frazar Road, P.S.- Kotwali,
District- Patna, Pin Code-800001
.... .... Petitioner
Versus
Central Bureau of InvestigationtThrough DIG of Police ACB, Patna
.... .... Opposite Party
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Appearance :
For the Petitioner : Mr. Y.V. Giri, Senior Advocate
Mr. Ashish Giri, Advocate
Mr. Rajesh Kumar, Advocate
Mr. Sumit Kumar Jha, Advocate
For CBI : Mr. Bipin Kumar Sinha, SC, CBI
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
3 24-01-2018Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the CBI.
Petitioner, already in custody, seeks bail in connection with Special Case No.03/2017 RC No. 15(A)/2017, registered under Section 120B of the Indian Penal Code as well as under Sections 7 & 13(2) read with 13(1)(d) of the Prevention of Corruption Act.
Allegation in brief is that Rs.12,28,800/- was recovered from the residence of the petitioner and it is said that in trap case Rs.11,00,000/- was recovered given by one Dilip Kumar Agrawal at the behest of one R.K. Agrawal.
Learned counsel for the petitioner submits that there is complete absence of any evidence collected during investigation that any matter of R. K. Agrawal was pending before the petitioner and Patna High Court Cr.M isc. No.62199 of 2017 (3) dt.24-01-2018 2 /2 for seeking any favour paid the money as illegal gratification rather while petitioner was posted in the year 1994 in Kolkata, R.K. Agrawal was punished in a case registered under the FERA moreover the petitioner is in custody in this case since 24.08.2017 and CBI has submitted charge-sheet.
Learned counsel for the CBI submits that there is evidence that he had telephonically talked with R.K. Agrawal and money was received from him. It is also submitted that one DA case is also pending against the petitioner.
Having considered the said facts and circumstances, petitioner Shashi Shekhar is directed to be released on bail on furnishing bail bond of Rs.50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, CBI-III, Patna in connection with Special Case No.03/2017 RC No. 15(A)/2017 with condition that the petitioner shall be present on each and every date before the trial court and in case of his absence on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled.
(Arun Kumar, J.) S.Kumar/-
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