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2025 DAILYLAW 10549 (GAU)

SRI PINKU KUMAR v. THE STATE THROUGH CBI

WTREF/845/2025 · 2025-05-18

Manash Ranjan Pathak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010077792025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/845/2025 SRI PINKU KUMAR S/O- LALAN RAUT VILL. CHAMANDI P.O. CHAKAND P.S. CHAKAND VERSUS THE STATE THROUGH CBI CBI ACB SHILLONG ------------ Advocate for : MR. S D PURKAYASTHA Advocate for : SC C B I appearing for THE STATE THROUGH CBI BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 19.05.2025 Heard Mr. S. D. Purkayastha, learned counsel for the petitioner and Ms. M. Kumari, learned Standing Counsel, CBI for the sole respondent. 2) Apprehending his arrest, the petitioner, namely, Sri Pinku Kumar, son of Lalan Raut, Page No.# 2/3 permanent resident of village Chamandi, Police Station-Chakand, District-Gaya, Bihar and presently residing at Flat No. 2-C, 2nd Floor, Dinesh Enclave, East Narsing Road, Ambicapatty, Police Station-Silchar, District-Cachar has filed this application under Section 482 BNSS, 2023 praying for his pre-arrest bail in RC 0202025A0002 dated 25.03.2025, registered under Section 120B IPC and Sections 7/7A/11 of the Prevention of Corruption Act, 1988 (as amended in 2018). 3) It is contended by the petitioner that he came in contact with the co-accused Sri Jadab Paul, while said Jadab Paul was serving as a Business Development Executive in State Bank of India Life Insurance Company Limited at Silchar and then both of them intended to invest their money in some property, for which the petitioner paid 35% amount and the remaining amount of 65% was invested by said Sri Jadab Paul. 4) According to the petitioner, he is no way connected with the case and that the respondent/CBI has already seized the relevant documents from his possession. 5) The prosecution’s case as projected is that the petitioner, in conspiracy with the middleman, i.e., Sri Jadab Paul, disbursed express credit loans to various borrowers during the period of 2023-2024 in lieu of undue advantage/bribe that were collected by Sri Jadab Paul and some others. Such amounts so collected by Sri Jadab Paul as middleman in conspiracy with the petitioner were credited in the Canara Bank A/C of the petitioner. Taking undue advantage and bribe from the said Sri Jadab Paul and others, the petitioner tried to divert the said bribe amount into the bank account of his relatives and others. 6) Perused the case records of RC 0202025A0002, in which the petitioner is praying for his pre-arrest bail. 7) The case records placed before the Court indicates investments of huge amounts of money and procuring several properties by the petitioner along with his wife, though on being enquired Mr. Purkayastha said that the petitioner’s wife is only a house maker. 8) Case record also reveals huge transactions of money to the petitioner and from Sri Jadab Paul. 9) The respondent /CBI has also filed objection with regard to the pre-arrest bail of the Page No.# 3/3 petitioner and relied on the decision of the Hon’ble Supreme Court in the case of Devinder Kumar Bansal The State of Punjab, reported in 2025 SCC OnLine SC 488. 10) Considering the materials in the case diary and the decision of the Hon’ble Apex Court in the case of Devinder Kumar Bansal (Supra), the Court is of the opinion that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Sri Pinku Kumar, son of Lalan Raut in said RC 0202025A0002 dated 25.03.2025, registered under Section 120B IPC and Sections 7/7A/11 of the Prevention of Corruption Act, 1988 (as amended in 2018). 11) Accordingly, this pre-arrest bail application of the petitioner, namely, Sri Pinku Kumar, son of Lalan Raut in said RC 0202025A0002 dated 25.03.2025 stands rejected. JUDGE Comparing Assistant