IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 877 of 2011
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Arun Kumar Singh ... ... Petitioner
V e r s u s
The State of Jharkhand through C.B.I. ... ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR.
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For the Petitioner : Mr. B.P. Pandey, Sr. Advocate.
For the State : Md. Mokhtar Khan, A.S.G.I.
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03/28.04.2011
Anticipatory bail application filed by Arun Kumar Singh, in
connection with RC20 (A)/2009 (R) pending in the court of Special
Judge, C.B.I., Ranchi, is moved by Sri B.P. Pandey, learned senior counsel
for the petitioner and opposed by Md. Mokhtar Khan, learned counsel for
the C.B.I.
It is submitted by learned counsel for the petitioner that petitioner is
Junior Engineer and entire allegation is against the concerned Executive
Engineer. It is further submitted that during investigation petitioner co
operated with the Investigating Agency, but he has not been arrested by
the Investigating Agency, which shows petitioner’s innocence. It is further
submitted that petitioner is ready to surrender in the court below and he
will face trial and will not absent from trial on any date nor he will leave
his ordinary place of residence. Accordingly, it is prayed that petitioner
may be enlarged on anticipatory bail.
On the other hand, Sri Khan, learned counsel appearing for the
C.B.I. submits that petitioner conspired with the accused contractor and
other coaccused and committed criminal misconduct by preparing bills
and measurement book which were not supported by Bitumen invoice of
the Government Company and thereby put loss to the State Exchequer for
his own wrongful gain. Accordingly, it is submitted that petitioner does not
deserve to be enlarged on anticipatory bail.
Having heard the submission, I have gone through record of the
case.
In view of allegations made in the counter affidavit as well as
documents annexed with it, I am not inclined to enlarge the petitioner on
anticipatory bail. Accordingly, the anticipatory bail application is rejected.
(Prashant Kumar, J.)
sunil/