PREM KUMAR CHOUDHARY v. THE CENTRAL BUREAU OF INVESTIGATION
A.B.A./3381/2025 · 2025-08-01
Sanjay Kumar Dwivedi
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 11564 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11564 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:21507
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IN THE HIGH COURT OF JHARKHAND, RANCHI
A.B.A. No. 3381 of 2025
---- Prem Kumar Choudhary, aged about 65 years, son of Late Bhago Ram, resident of Flat No. H-1/151, Near – DAV Kapil Dev Public School, Harmu Housing Colony, PO – Harmu, PS – Argora, District – Ranchi, Jharkhand, 834002, Aadhar No. 4148 7169 3079
.... Petitioner -- Versus --
The Central Bureau of Investigation .... Opposite Party
---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner :- Mr. Mukesh Kr. Sinha, Advocate
For the CBI
:- Mr. Prashant Pallav, Advocate
:- Ms. Shivani Jaluka, Advocate
---- 04/01.08.2025 Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the CBI. 2. The petitioner is apprehending his arrest in connection with R.C. Case No.02 (A) / 2022-R, for the offence registered under Sections 409, 420, 120B, 467, 468, 471 and 109 of the Indian Penal Code and under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 pending in the Court of learned A.J.C. – XVIII-cum-Special Judge, Central Bureau of Investigation, Ranchi. 3. Mr. Mukesh Kr. Sinha, learned counsel appearing for the petitioner submits that initially Vigilance P.S. Case No.49 of 2010 was registered on 06.10.2010 and the charge-sheet has been
2025:JHHC:21507
--2-- A.B.A. No. 3381 of 2025
submitted in which the petitioner has not been chargesheeted and the investigation was going on and in the meantime the matter travelled up to the High Court and the Division Bench of this Court has handed over the investigation to the CBI and pursuant to that R.C. case has been registered and now charge-sheet has been submitted and the petitioner during the investigation has fully cooperated with the CBI and in view of that the petitioner was not arrested by the CBI during the investigation. He submits in light of the submission of charge-sheet the petitioner has already cooperated in the investigation and as such the privilege of anticipatory bail may kindly be granted to the petitioner. 4. Mr. Prashant Pallav, learned counsel appearing for the CBI opposes the prayer and submits that serious allegation of malpractice is made against the petitioner in awarding the tender and in view of that the privilege of anticipatory bail may kindly be rejected. 5.
In view of the above, it transpires that the CBI has already investigated the matter and submitted the charge-sheet and in the course of investigation the CBI decided not to arrest the petitioner and now charge-sheet has been submitted and in light of several judgments of Hon’ble Supreme Court as well as High Court the petitioner is required to appear before the learned Court and in that view of the matter, I am inclined to provide privilege of anticipatory bail to the petitioner. 2025:JHHC:21507
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6. Accordingly, the petitioner, above named, is hereby directed to surrender before the learned Court within three weeks from today, and in the event of his surrender/arrest, the petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of the like amount each, to the satisfaction of learned A.J.C. – XVIII- cum-Special Judge, Central Bureau of Investigation, Ranchi, in connection with R.C. Case No.02 (A) / 2022-R, subject to the conditions as laid down under Section 482(2) of Bharatiya Nagrik Suraksha Sanhita, 2023
(Sanjay Kumar Dwivedi, J.) Sangam/