Patna High Court - Orders
Sanjeev Kumar Gyani vs The Union Of India Through The ... on 11 June, 2014
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15810 of 2014
Arising Out of PS.Case No. -23 (A) Year- 2013 Thana -C.B.I CASE District- PATNA
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Sanjeev Kumar Gyani Son Of Late Rajendra Pd. Sah Resident Of Village +
P.O.- Kalyanpur, P.S.- Bankipur, District - Munger at present residing at
Chaturang Apartment F/No. 202, Anandpuri, P.S.- S.K. Puri, District -
Patna
.... .... Petitioner/s
Versus
The Union Of India through the C.B.I/A.C.B Patna
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate.
Mr. S.K. Pathak, advocate.
For the Opposite Party/s : Mr. Bipin Kumar Sinha
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
4 11-06-2014Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted for the offences under Section 7 of the Prevention of Corruption Act.
The petitioner was the Branch Manager of the Bank. The complainant approached him for disbursement of loan of Rs.6,48,216/- for purchasing a vehicle. The petitioner demanded gratification of Rs.10,000/-. As the complainant was not interested to pay the bribe to the petitioner, he approached the C.B.I. On verification it was found that the story that has been alleged by the complainant was correct. A trap was constituted in which the petitioner was found to have Patna High Court Cr.Misc. No.15810 of 2014 (4) dt.11-06-2014 2 accepted the bribe for Rs.10,000/-. Post trap memo disclosed the entire fact. His finger has given the positive test with regard to acceptance of the bribe.
Learned counsel for the petitioner submits that petitioner has already remained in jail for more than six months and stated that he is ready to cooperate with the courts proceeding, whenever he is called, he would act as per the direction of the court.
In support of his contention he has submitted that consistently this Court while dealing with bail, generally takes the view of keeping the person in jail for six months and asks the parties to cooperate with the proceeding of the court. He has relied on different orders of this Court which are as follows: (i) Cr. Misc. No.23048 of 2014 (ii) Cr. Misc. No.34388 of 2013 (iii) Cr. Misc. No.14757 of 2014 (iv) Cr. Misc. No.17834 of 2014 (v) Cr. Misc. No. 18661 of 2014 (vi) Cr. Misc. No. 16082 of 2014 (vii) Cr. Misc. No.15694 of 2014 (viii) Cr. Misc. No.17841 of 2014 (ix) Cr. Misc. No.15574 of 2014 (x) Cr. Misc. No.13140 of 2014 (xi) Cr. Misc. No.16118 of 2014.
Learned counsel for the C.B.I. submits that petitioner was the Branch head and he was transferred to another Branch Patna High Court Cr.Misc. No.15810 of 2014 (4) dt.11-06-2014 3 and before he could leave the Branch he has orally directed for disbursement of the loan amount. He further submits that before pre trap verification the conversation was recorded and at the time when he was taking loan amount that too was recorded in record room. He further submits that in Cr. Misc. No.49388 of 2013 this Court has examined the issue. There also case of taking bribe was raised against the petitioner and this Court refused to grant bail.
The petitioner was the Branch head and as per the allegation and material available on record it shows that there is allegation of taking Rs.10,000/-.Charge-sheet has already been filed. The case is at trial stage.
The petitioner is Branch Manager, already charges have been framed, all witnesses are official, there is little chance of tempering with the evidence. The petitioner has given undertaking of cooperation in criminal trial.
Having considered the facts and circumstances of the case, let petitioner, Sanjeev Kumar Gyani, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, C.B.I. Ist, Patna in connection with Special Case No.6 of 2013, arising out of R.C. No.23(A) of 2013 Patna High Court Cr.Misc. No.15810 of 2014 (4) dt.11-06-2014 4 (PAT), subject to the conditions that (i) one of the bailors shall be wife or mother or father of the petitioner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on single date, the court below will be at liberty to cancel the bail bonds of the petitioner (iv) If it is found by the C.B.I. that the petitioner is not cooperating with the proceeding in that circumstances he will be at liberty to approach for cancellation of bail (v) The petitioner also undertakes that he will not taking unnecessary adjournment and if it is found by the trial court that petitioner is taking unnecessary adjournment, the trial court will be at liberty to cancel his bail bonds.
Vinay/- (Shivaji Pandey, J) U T