Patna High Court - Orders
Kailash Mandal vs The Union Of India Through Cbi, Patna on 10 May, 2022
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62515 of 2021
Arising Out of PS. Case No.-4 Year-2021 Thana- C.B.I CASE District- Patna
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Kailash Mandal S/O Jhari Mahto R/o village- Khawa, P.O.- Kiranpur, P.S.-
Medni Chowki, Kiranpur, Surajgarba, Distt.- Lakhisarai
... ... Petitioner/s
Versus
The Union of India through CBI, Patna Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Vijay Kumar Sinha, Advocate
For the CBI : Mr. Bipin Kumar Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
CAV ORDER
4 10-05-2022Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard Mr. Vijay Kumar Sinha, learned counsel appearing for the petitioner and Mr. Bipin Kumar Sinha, learned counsel appearing on behalf of the Central Bureau of Investigation.
Petitioner seeks bail in connection with Special Case No. 01 of 2021 arising out of R.C.-04A/2021, C.I.S. No. 10 of 2021 registered for the offences punishable under Sections 120B of the Indian Penal Code and 7 and 7(A) of the P.C. Act, 1988.
As per prosecution case, in brief, is that CBI received information from reliable sources that some public servant entered into a criminal conspiracy with others for showing Patna High Court CR. MISC. No.62515 of 2021(4) dt.10-05-2022 2/6 undue favours to some of the candidates appearing for the oral examination of Computer Based Examinations for Manager's Certificate of Competency (Restricted & Unrestricted), under the Metalliferous Mines Regulations, 1961 and the Coal Mines Regulations, 2017 (ist Class and 2nd Class Manager's Certificates) conducted by Directorate General of Mines Safety (DGMS) which is the Regulatory Agency under the Ministry of Labour and Employment, Government of India, by manipulating and influencing the members of interview board for qualifying such candidates in lieu of huge amount of illegal gratification. It is further alleged that information discloses that in pursuance of the said criminal conspiracy, Triloki Nath Singh arranged for candidates, who had qualified in the computer based written examination held in February, 2021 and were asked to appear for oral examination between 08.03.2021 to 20.03.2021 and who were willing to pay huge amount of bribe money for getting qualified by the interview board. It is further alleged that information further revealed that for 1st Class Certificate, the rate of bribe was fixed at Rs. 2.5 lacs per candidate while for 2nd Class Certificate, the same was Rs. 2 lacs per candidates and subsequently the amount was increased based on the marks obtained by such candidates in the written examination. It is further alleged that interview board constituted of seven Deputy Director Generals of DGMS who are posted all across of country. Patna High Court CR. MISC. No.62515 of 2021(4) dt.10-05-2022 3/6 Out of seven Deputy Director Generals, only five, namely Shri Arvind Kumar, Shri Manish E. Murkute, Shri U.P. Singh, Shri Satish Chiddarwar and Shri Malay Tikadar came to DGMS, Head Office, Dhanbad for conducting the said oral interview. It is further alleged that information further revealed that Triloki Nath Singh was in contact with Arvind Kumar, Deputy Director General (Central Zone), DGMS, Head Office, Dhanbad through one Kailash Mandal, based in Lakhisarai, Bihar. It is further alleged that information disclosed that result of the oral examination was declared by DGMS on 27.03.2021 and in the said interview, a number of candidates referred by Triloki Nath Singh had qualified. It is further case of the prosecution that Arvind Kumar got 48 candidates qualified in the said interview which were referred to him by Triloki Nath Singh and for each such candidate, Arvind Kumar has agreed to accept an amount of Rs. 1.5 lacs and Triloki Nath Singh has to deliver a total amount of Rs. 72 lacs to Arvind Kumar and the said amount is to be collected by Kailash Mandal. It is further alleged thaqt information further revealed that Triloke Nath Singh is going to deliver an amount of Rs. 60 lacs as first instalment of the total bribe amount of Rs. 72 lacs to be paid to Arvind Kumar on 18.04.2021 to Kailash Mandal at Lakhisarai, Bihar. It is further alleged that a CBI team laid a successful trap on 18.04.2021 and Triloki Nath Singh along with Rang Bahadur Singh were Patna High Court CR. MISC. No.62515 of 2021(4) dt.10-05-2022 4/6 apprehended at Pahalwan Chowk, Suryagarha, Lakhisarai while delivering the bribe amount of Rs. 34,95,000/- to Kailash Mandal along with Pravind Kumar.
Learned counsel for the petitioner submits that the petitioner has clean antecedents and he has been falsely implicated in the present case only on the ground that the petitioner is brother of co-accused namely Pravin Kumar. Learned counsel for the petitioner further submits that the prosecution has manipulated the present case, in fact nothing incriminating has been recovered from the possession of the petitioner but the prosecution has shown that Rs. 34,95,000/- has been recovered from the possession of the petitioner. He further submits that Sections 7 and 7A of the P.C. Act has not attracted against the petitioner as the petitioner is not a Government employee. He further submits that the investigation of the case is complete and chargsheet has already been submitted against the petitioner and co-accused Pravin Kumar has been granted bail by the learned Court below itself and the petitioner is in custody since 19.04.2021.
Learned counsel appearing on behalf of the Central Bureau of Investigation has opposed the prayer for bail of the petitioner and submits that there is sufficient material against the petitioner. He further submits that in paras 16.4, 16.5 and 16.9 of the chargesheet clearly demonstrate that Rs. 34,95,000/- Patna High Court CR. MISC. No.62515 of 2021(4) dt.10-05-2022 5/6 has been recovered from the possession of the petitioner and the amount was received on behalf of co-accused (Pravin Kumar). He further submits that Pravin Kumar has been granted bail by the learned Court below on different footing under Section 167(2) of the Cr. P.C. and not on the merit of the case.
Considering the facts and circumstances of the case, let the petitioner, above named, be released 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 learned Court below where the case is pending in connection with Special Case No. 01 of 2021 arising out of R.C.-04A/2021, C.I.S. No. 10 of 2021, with the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail Patna High Court CR. MISC. No.62515 of 2021(4) dt.10-05-2022 6/6 bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(4) If the petitioner possesses the Indian Passport, he will surrender the same at the time of furnishing bail bond.
(Rajesh Kumar Verma, J) Ibrar//-
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