BIRENDRA KUMAR ALIAS BIRENDRA KUMAR RAI v. THE CENTRAL BUREAU OF INVESTIGATION (CBI),
Bail Appln./1978/2025 · 2025-06-24
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14474 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14474 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010131242025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1978/2025 BIRENDRA KUMAR ALIAS BIRENDRA KUMAR RAI SON OF SHRI KODAI RAI PERMANENT RESIDENT OF NEORI NIWAS, KRISHNA NAGAR, OPPOSITE GANPATI VIVAH BHAWAN, AHIYAPUR, BHIKHANPURA, MAZUFFARPUR, BIHAR- 842004 PRESENT ADDRESS-C/O SHRI MANORANJAN SHARMA, BHAGWATI BUILDING, WARD NO. 07, BAAH BAZAR ROAD, NALBARI, DIST. NALBARI, ASSAM. VERSUS THE CENTRAL BUREAU OF INVESTIGATION (CBI), REPRESENTED BY THE SC, CBI Advocate for the Petitioner : MR. A CHAUDHURY, MR. D BORA,MR. A KHAN,MR. N MAHAJAN,MR. P K DAS Advocate for the Respondent : SC, CBI,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.06.2025
Heard the learned counsel Mr. B K Mahajan appearing for the petitioner. Also
Page No.# 2/3 heard Ms. M Kumari, the learned Standing Counsel for the CBI. 2. This application has been filed under Section 483 of the BNSS, 2023, in respect of Case No. RC0172025A0004(RC-4(A)/2025-GWH). 3. The present bail application has two stories involved. One story is that a person called Pulen Barman had taken a loan from Central Bank of India. He failed to repay the loan and therefore, his loan became a Non-Performing Asset. The bank authorities have taken over his properties. 4. After that, Pulen Barman had approached the Bank Manager. Reason is not known. But the Bank Manager credited an amount of ₹5,000/- into the bank account of Pulen Barman. 5. After that, Pulen Barman lodged an FIR before police stating that he approached the Branch Manager of the Bank for enhancing his earlier loan amount and in order to do that, the Bank Manager allegedly demanded a sum of ₹5,000/-. When Pulen Barman handed over ₹5,000/- to the Branch Manager, he was caught red handed on the accusation of indulging in corruption. 6. I have considered the submissions made by the learned counsel of both sides. 7. When a bank account becomes a Non-Performing Asset, such a loan account can’t be enhanced. It is a policy of the bank. 8. So, on the face of the record, it appears that the allegation brought against the present petitioner by Pulen Barman seems to be doubtful. 9. The petitioner has been in custody for the last 28 days. This Court is of the opinion that under the given circumstances, the petitioner no longer deserves to be detained in custody. 10.
Therefore, the bail application of the petitioner is allowed. 11. It is hereby directed that the petitioner Birendra Kumar @ Birendra Kumar Rai, who was arrested in connection with Case No. RC0172025A0004(RC- 4(A)/2025-GWH), shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of learned Special Judge, CBI, Guwahati. Page No.# 3/3 The bail application is disposed of accordingly. JUDGE Comparing Assistant