High Court Patna High Court - Orders

Prem Kumar @ Prem Chandra Prasad vs The State Of Bihar & Anr. on 16 June, 2011

Patna High Court – Orders
Prem Kumar @ Prem Chandra Prasad vs The State Of Bihar & Anr. on 16 June, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.15079 of 2011
          PREM KUMAR @ PREM CHANDRA PRASAD S/O LT. SANT LAL BINOD,
          RESIDENT OF VILLAGE KONAHARA, P.S. CHAND, DISTRICT
          KAIMUR AT BHABHUA.
                  ...                      ...   PETITIONER.
                                 Versus
     1.   THE STATE OF BIHAR
     2.   C.B.I. BIHAR PATNA     ...       ...   OPPOSITE PARTY.
                              -----------

2. 16.6.2011. Heard Shri Tribhuwan Narayan,

learned counsel for the petitioner, Shri

Surendra Kumar, learned Additional Public

Prosecution appearing on behalf of the

State and Shri Bipin Kumar Sinha, learned

Standing Counsel for the C.B.I.

The petitioner, who is in custody

in Special Case No.6 of 2011 (arising out

of R.C. Case No.08/A/2011) registered for

the offence under Section 7 of the P.C. Act

since 29.3.2011, has prayed for grant of

bail.

In this case, it was alleged that

petitioner acted as conduit and he had

taken bribe money initially and thereafter

handed over the same to the Branch Manager,

who has already been made accused in the

present case. Learned counsel for the

petitioner submits that the Branch Manager,

namely, Ramnath Chaudhary, who was the main
2

accused, has been extended the privilege of

bail by this Court on 18.5.2011 vide Cr.

Misc. No.12800 of 2011.

Shri Bipin Kumar Sinha, learned

Standing Counsel for C.B.I. has vehemently

opposed the prayer for bail.

Since the main accused, who was

Branch Manager, has been granted bail,

there is no reason to deny the prayer for

bail to the petitioner.

Let the petitioner above named be

enlarged on bail on his bond of Rs.10,000/-

(ten thousand) with two sureties of the

like amount each to the satisfaction of

Special Judge, C.B.I., South Bihar, Patna

in Special Case No.6 of 2011 on a condition

that petitioner will co-operate during the

trial and if the trial court considers that

directly or indirectly the petitioner is

trying to delay the conclusion of the

trial, the trial court shall be at liberty

to cancel his bail bond.

N.H./                           ( Rakesh Kumar,J.)