Patna High Court - Orders
Danjel Marcus Jacob vs Central Bureau Of Investigation ... on 14 November, 2022
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27907 of 2022
Arising Out of PS. Case No.-2 Year-2021 Thana- C.B.I CASE District- Patna
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DANJEL MARCUS JACOB S/o Marcus Jacob Resident of Grain Shop, Para
Near Santoshi Mandir, Katihar, Bihar at Present E/203, Mansaram Park,
Uttam Nagar, Delhi for his treatment, New Delhi.
... ... Petitioner/s
Versus
Central Bureau of Investigation through its Superintendent of Police. Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Mayank Mohan Singh, Advocate
For the C.B.I : Mr. Avanish Kumar Singh, Spl. P.P
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-11-2022Heard learned counsel for the petitioner, Shri Mayank Mohan and learned Spl. P.P for the CBI.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 120B, 409, 467, 468, 471 and 477A of the Indian Penal Code & 13(2) r/w 13(1)(a) of PC Act, 1988.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that money was siphoned off by the accused persons, including the petitioner, from the dead account of L.B.S. Nagar, Post Office, Patna in between 2017-2019.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the petitioner took V.R.S. on 31.10.2018 from the Patna High Court CR. MISC. No.27907 of 2022(2) dt.14-11-2022 2/2 post of Senior Postmaster at L.B.S. Nagar, Post Office, Patna. It is next submitted that some MIS Account, RD Account, TD Account and PPF Account were double closed and from perusal of the transaction in that dead account, it would manifest that during that period the petitioner was on medical leave. It is further submitted that petitioner has cooperated in the investigation and the CBI never felt need of arresting the petitioner.
The learned Special P.P. for the CBI seeks time for filing a counter affidavit.
Put up this case on 12.01.2023 along with Criminal Misc. Case No. 25348 of 2022.
The counter affidavit must clearly record as to what justifiable purpose would be served by sending the petitioner to jail when the CBI during the course of investigation never felt the need of arresting the petitioner and the petitioner has cooperated all throughout in the investigation and the charge-sheet has been submitted.
In the meantime, let there be no coercive step against the petitioner until the matter is finally adjudicated and disposed of by this Court.
(Satyavrat Verma, J) Rishi/Rishabh/-
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