PRABHAT KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Apprehending arrest in connection with Special Case No. 04/2018/ RC Case No. 17(A)/2017 registered by the Central Bureau of Investigation (CBI) for the offence punishable under Sections 120-B, 409, 420, 467, 468 , 471 and 477-A of the Indian Penal Code and Sections 13(2), 13(i)(d) of Prevention of Corruption Act, 1988, the petitioner has filed the present application under Section 438 of the Cr.P.C. for grant of anticipatory bail.

(2.) The case arises out of infamous Srijan Scam in relation to plundering of hundreds of crores of public money in the district of Bhagalpur. The present FIR is one arising out of many registered in relation to the said scam.

(3.) This is an admitted fact that the petitioner had functioned as Incharge DDC-cum-CEO, Zila Parishad, Bhagalpur from 28.12.2012 to 16.04.2013. The petitioner has been charge- sheeted by the CBI. A copy of the charge-sheet has been brought on record, from which it transpires that DDC-cum-CEO, Zila Parishad, Bhagalpur had received a grant of Rs.8,79,06,070=00 for Zila Parishads, Panchayat Samities and Gram Panchayats for implementation of 13th Finance Commission Scheme. The entries of receipt of the said amount made in the allotment register of Zila Parishad office were signed by the petitioner. Subsequently, the petitioner had issued a PL cheque on 16.03.2013, which was sent to the Treasury Office, Bhagalpur for remitting the amount in the account of DDC-cum-CEO at Indian Bank, Bhagalpur Main Branch. Noticeably, on 16.03.2013, the PL cheque was issued to the treasury for remitting the amount in the account of DDC-cum- CEO at Indian Bank, Main Branch, Bhagalpur, albeit the DDC- cum-CEO did not have any account in respect of 13th Finance Commission Scheme at Indian Bank, Bhagalpur on that date. Subsequently, an account was opened in the Indian Bank, Main Branch, Bhagalpur on 23.03.2013. It is accordingly the case of the prosecution that the request made by the petitioner on 16.03.2013 for issuing banker's cheque in favour of the Branch Manager, Indian Bank, Bhagalpur was made with an intent to commit fraud with the funds of 13th Finance Commission. It further transpires that a banker's cheque was issued on 19.03.2013 for a sum of Rs. 8,79,06,070=00 in favour of Branch Manager, Indian Bank, Bhagalpur Main Branch, which was collected by co-accused Rakesh Kumar.