IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1007 of 2012 ====================================================== Dasrath Singh .... .... Petitioner/s Versus The State Of Bihar Through C.B .... .... Opposite Party/s =====================================================”
16. 01-2012 Heard learned counsels for the petitioners and the State. The petitioner is apprehending his arrest in a case registered under Section 7 of the P.C. Act. The initial case was lodged on the complaint of one Binod Kumar @ Arvind Kumar Lad Das against one Mukesh Kumar who used to demand Rs. 15,000/- for processing the award money of the informant on whose information to Income Tax Department, Rs. 5,00,00,000/- were collected from the employees of State Bank of India. During the evidence of the complainant it was deposed that the petitioner also used to demand illegal gratification and on the basis of the same the petitioner has been summoned in exercise of powers under Section 319 of the Cr.P.C. It is submitted that the petitioner was not named in the F.I.R. nor his name sprang up during investigation and after more than 16 years of the occurrence the petitioner has been summoned. Considering the fact that after 16 years of the institution of the case the petitioner has been summoned in exercise of the power under Section 319 of the Cr.P.C., let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge, C.B.I.- III, Patna in connection with Special Case No. 15(A)/94/RC Case No. 21(A)/94 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The learned court below will be at liberty to cancel the bail of the petitioner if the petitioner defaults for three consecutive occasions. (Dinesh Kumar Singh, J) Amrendra Kumar/-