Jharkhand High Court
Kumbh Nath Singh @ K.N. Singh vs The State Of Jharkhand Through C.B.I ... on 10 July, 2018
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3521 of 2018
Kumbh Nath Singh @ K.N. Singh ...... Petitioner
Versus
The State of Jharkhand through C.B.I ...... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Indrajit Sinha, Advocate
Mr. Chanchal Jain, Advocate
For the C.B.I : Mrs. Nitu Sinha, J.C to A.S.G.I
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03/Dated: 10/07/2018
This case is listed today along with the record of Cr.M.P. No. 843 of 2018.
Learned counsel for the petitioner submitted that the petitioner has also file Cr.M.P. No. 843 of 2018 for quashing the F.I.R of the instant case and he further submitted that if this court is inclined to grant anticipatory bail to the petitioner, the petitioner undertakes to take steps for withdrawal of Cr.M.P. No. 843 of 2018.
Heard learned counsel for the petitioner and learned counsel for the C.B.I. The petitioner is apprehending his arrest in connection with the case registered under Sections 120B read with Sections 420, 419, 468, 471 of the Indian Penal Code and Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.
The prosecution case is that an information which was received by I/c S.P CBI/ACB/Dhanbad wherein he has stated that he received information that V.K. Thakur, the then Dy. Chief Engineer, (Civil) R.P. Singh, the then Sr. Executive Engineer (Civil), B.K. Thakur the then Engineering Asst. (Civil), A.K. Pathak, Subordinate Engineer (Civil) the petitioner Kumbh Nath Singh, purported proprietor of M/s D.K Singh of Kustore area, during the period of 2008-2011 entered into a criminal conspiracy with the officials of Kustore area, BCCL, and he after fraudulently obtained 16 numbers of undue work orders dated 4.10.2010 in favour of M/s D.K. Singh, Dhanbad for constructions of 7 PCC roads, 5 drains, 2 boundary walls and etc. in different collieries of erstwhile Kustore area of BCCL, Dhanbad in illegal manner without sanction of the work and the petitioner thereby committed cheat and fraud to BCCL. It is further alleged that the allotted works were not done by the petitioner and without completing the work the above named officials of BCCL dishonestly and fraudulently gave payment to the tune of Rs. 1,23,13,354/4 to the Proprietor of M/s D.K. Singh, Dhanbad who is petitioner. The alleged payment was received by the petitioner through bank account, hence this case has been lodged.
Learned counsel for the petitioner has submitted that petitioner is innocent and he has been falsely implicated in this case. It is also submitted that the petitioner did not open bank account fraudulently in his name in the matter of fact the original proprietor of M/s D.K. Singh named Dipak Kumar Singh gave the petitioner power of attorney for opening the bank account in the name of the petitioner and after after that the petitioner petitioner got account opened in his name. It is also submitted that there is general and omnibus allegation against the petitioner. It is also submitted that C.B.I after investigation submitted final form against the petitioner.
Learned standing counsel on behalf of the C.B.I has opposed the prayer for bail.
Be that as it may, I am inclined to admit the petitioner on anticipatory bail with imposition of cost of Rs. 51,000/- upon the petitioner to be deposited before the President/Chairman, District Bar Association, Dhanbad on or before 01.08.2018. On deposition of amount by the petitioner, the President/Chairman of District Bar Association, Dhanbad will issue receipt to him. The amount will be utilized only for the welfare of learned members of District Bar Association, Dhanbad. The above named petitioner is directed to surrender in the Court below on or before 13.08.2018 and in the event of his arrest or surrender and also produce the receipt of the aforesaid deposition before the court below, the Court below shall enlarge him on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of District Judge-XI, Dhanbad in connection with R.C. Case No. 01(A)/2013(D), subject to the conditions as laid down under Section 438(2) of the Cr.P.C., and also subject to the condition that one of the bailors must be local resident of Dhanbad District solvent person. It is further directed that petitioner will deposit his passport (if any) before the trial Court on the date of his surrender. The petitioner will fully cooperate with the C.B.I and also appear physically before the trial Court as and when directed. If the petitioner want exemption from appearance, he will inform the CBI in advance and after taking necessary permission from trial Court, he may be exempted from personal appearance. The petitioner will not try to influence the prosecution witnesses during trial.
Let a copy of this order be sent to the trial Court and a copy of this order be handed over to the learned standing counsel for the C.B.I. Let the record of Cr.M.P. No. 843 of 2018 be sent to the concerned section.
(Anant Bijay Singh, J.) Satayendra/