Patna High Court - Orders
Manoj Kumar Sinha vs The Central Bureau Of Investigation ... on 25 May, 2022
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6411 of 2022
Arising Out of PS. Case No.-4 Year-2021 Thana- C.B.I CASE District- Patna
======================================================
MANOJ KUMAR SINHA Son of Kameshwar Prasad Resident of Flat No.
402 Janki Enclave, Near Gandhi Nagar Gate, Kanke Road Ranchi, P.S. - ,
District - Ranchi (Jharkhand).
... ... Petitioner/s
Versus
THE CENTRAL BUREAU OF INVESTIGATION THROUGH ITS
DIRECTOR Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanka Singh
For the Opposite Party/s : Mr. Bipin Kumar Sinha
For CBI : Mrs. Nivedita Nirvikar, Sr. Advocate, SC to CBI
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-05-2022Heard the parties.
The petitioner seeks bail in connection with RCAC1 2021 A0004 of 2021 registered for offence punishable under Sections 120B of the Indian Penal Code and Sections 7 and 7A of the Prevention of Corruption Act.
The petitioner is involved in conspiracy for managing the interview of the candidates in the Computer based examination for Managers Certificate of Competency (Restricted and Unrestricted) conducted by Directorate General of Mines Safety (DGMS).
Learned counsel for the petitioner submits that without going into the details, it will suffice to say that charge- Patna High Court CR. MISC. No.6411 of 2022(2) dt.25-05-2022 2/3 sheet has been submitted against the petitioner, cognizance has been taken and the petitioner is in custody since 14.12.2021.
It has further submitted that as and when during investigation the petitioner was summoned he has cooperated in the investigation but the CBI did not take him into custody and no custodial interrogation is required. The trial of the petitioner has yet not been done. He further submits that other similarly situated co-accused person has been granted bail vide order dated 10.05.2022 in Cr. Misc. No. 62515 of 2021.
No useful purpose will be served by keeping the petitioner behind bar during pendency of the case and there is no allegation of tampering of evidence against the petitioner.
Learned counsel for the CBI has not been able to point out any fact to distinguish the case of the petitioner from the other co-accused persons, who have been granted bail nor been able to point out any special fact which will dis-entitle the petitioner from grant of bail.
Considering the facts and circumstances of the case and nature of allegation, let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge CBI III, Patna in Patna High Court CR. MISC. No.6411 of 2022(2) dt.25-05-2022 3/3 connection with RC AC1 2021 A0004 of 2021 subject to the condition that both of the bailer shall be blood relatives and if the petitioner has a passport the same shall be surrendered before concerned authority by the petitioner.
(Sandeep Kumar, J) S.Katyayan/-
U T