SATYA NARAYAN JAIN v. CENTRAL BUREAU OF INVESTIGATION, RANCHI
A.B.A./3263/2025 · 2025-08-29
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15296 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15296 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JHARKHAND, RANCHI
----
A.B.A. No. 3263 of 2025
---- Satya Narayan Jain, aged about 77 years, son of late Fulchand Jain, resident of Main Road, Ghatsila, P.O. and P.S. Ghatsila, District East Singhbhum
.... Petitioner -- Versus --
Central Bureau of Investigation, Ranchi .... Opposite Party
---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
---
For the Petitioner
:- Mr. V.P.Singh, Senior Advocate
Mr. S.L. Agarwal, Advocate
Ms. Ayushi, Advocate
Mrs.Bandana Kumari Sinha, Advocate
For the C.I.B.
:- Mr. Prashant Pallav, Spl.P.P.-CBI Ms. Shreya Shukla, A.C.
---- 4/29.08.2025 Heard Mr. V.P.Singh, the learned Senior counsel appearing for the petitioner as well as Mr. Prashant Pallav, the learned counsel for the respondent Central Bureau of Investigation (CBI). 2. The petitioner is apprehending his arrest in connection with RC No.02(S)/2024-R, for offence registered under section 406, 409, 420 and 34 of the IPC, pending in court of learned Sub Divisional Judicial Magistrate Cum Special Judicial Magistrate, Ranchi. 3. Mr. V.P.Singh, the learned Senior counsel appearing for the petitioner submits that investigation has been done by the Central Bureau of Investigation-CBI and the charge-sheet has been submitted and in the charge-sheet the only allegation against the petitioner is that he was general signatory of the Account No.6860 of Union Bank of India, Tinplate Branch, Jamshedpur which was an account of Swami Vivekanand Trust and from the account of Swami Vivekanand Seva Trust an amount of Rs.22,73,039/- was transferred to account no.6860. He submits that the said amount was issued by Ministry of Tribal Affairs, Government of India, in favour of Swami Vivekanand Sewa Trust. He submits that the petitioner has
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only signed the cheques of said account no.6860 of Swami Vivekanand Trust. He further submits that Swami Vivekanand Sewa Trust was opened for primitive tribal girls hostel at Jamshedpur and one Saroj Das entered into the Trust as trustee and thereafter he became Honorary Secretary. The Trust has opened bank account in Union Bank of India account no.68083 and the first instalment of grant-in-aid for primitive tribal girls hostel was moved by Saroj Das for the financial year 2000-2001 and grant-in-aid of Rs.13,59,000/- was received and the same was deposited in the account of Swami Vivekanand Sewa Trust being account no.68083.
He submits that the petitioner has nothing to do with the earlier Trust namely, Swami Vivekanand Sewa Trust and subsequently said Saroj Das has created Swami Vivekanand Trust and the petitioner was one of the Trustee of the said Trust and only allegation is made against the petitioner that in the operation of the account of Swami Vivekanand Trust, he has signed on the cheque. He submits that apart from that, there is no allegation against the petitioner and the petitioner was not knowing about the fact that Saroj Das has created new Trust suppressing all these facts. 4. Mr. Pallav, the learned counsel appearing for the respondent CBI opposed the prayer and submits that petitioner in connivance of the said Saroj Das has opened the Trust being Swami Vivekanand Trust. He submits that it has come in the conclusion of the charge-sheet, particularly, paragraph nos.6 and 7, that the petitioner has also signed on the cheque for withdrawal of the amount and in view of that, the petitioner’s connivance is there and as such, anticipatory bail to the petitioner may kindly be rejected. 5. The charge-sheet is brought on record by way of filing supplementary affidavit by the petitioner. In the charge sheet, in paragraph nos.23, 24, 25 and 30, it has been revealed, as under:
“23. Investigation further revealed that in the meantime
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application for grant in aid for FY 2002-2003 was moved on 14.2.2003 by Saroj Das representing himself as secretary of the trust SVST. It is further revealed that the said hostel was handed over on 27.1.2003 i.e. at the last quarter of the FY 2002-2003 whereas Saroj Das requested fund from April 2002 to March 2003. 24.Saroj Das again written letter dated 25.02.2003 to Joint Secretary MoTa Govt of India New Delhi for grant in aid of Rs.38,91,500/- for continuation of PTG Hostel at Sundernagar. Saroj Das had submitted utilization statement prepared by L.K. Patangia, Chartered Accountant.
On perusal U/C for 2001- 2002 revealed that fund received as grant was Rs.19,44,780/- and expenditure was Rs.21,16,352/-. However, Govt. release grant for one FY and if any NGO expend more than the grant provided by Govt. Govt does not release grant for the excess expenditure. Again U/C of period 2002-2003 upto March 2003 the said NGO’s purported expenditure was only Rs.14,10,603/-
25. It is revealed that Saroj Das received Demand draft No.482016 dated 28.2.2003 of Rs.19,44,780/- on 3.3.2003 personally presenting himself as Secretary of SVST. In the said DD Name of Institution i.e. Swami Vivekananda Seva Trust was mentioned. Also A/c No.6248 was mentioned. A/c 6248 was not an account in the name of Swami Vivekananda Seva Trust but A/c 6748 was in the name of Swami Vivekananda Seva Trust which was also not on account of SVST . Thus, Saroj Das must have persuaded/ convinced Bank Officer to deposit the said DD on A/c 6748. 30. Investigation further revealed that Saroj Das got opened a new bank account vide No.6860 in Union Bank of India, Tinplate Branch on 21.04.2003 in the name of new namely trust Swami Vivekanand Trust. Saroj Das and Satya Narayan Jain were signatory of said account. It is further revealed that there was an account no.6748 already existed and Saroj Das was signatory of cheques of the said account then again the new bank account no.6860 was opened.”
6.
From the above paragraphs, it transpires that Saroj Das has opened the new account being account no.6860 in Union Bank of India, Tinplate Branch, Jamshedpur on 21.04.2023 in the name of Swami Vivekanand Trust however the petitioner is said to be signatory in the said account and in paragraph nos.23,24 and 25 the entire role is of Saroj Das and he was also the Honorary Secretary earlier of Swami Vivekanand Sewa Trust and it is also revealed in paragraph no.30 that he has got opened the
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account and at his instance, the money has been transferred. It has been pointed out in course of the argument that petitioner is aged about 77 years and he was involved in many social work; he has got award as president of social organization, vice-president of two social organization, formal additional secretary of three social organization and management committee member of two social organization and the petitioner has been honoured with the award by Indo-German association Oldenburg/Germany for his outstanding social work, particularly, for the needy. Prima facie, it appears that the petitioner was not knowing the motive of Saroj Das and he has joined Swami Vivekanand Trust and only allegation is made against the petitioner that he was joint signatory in operation of bank account of newly created Trust and the charge sheet has already been submitted and the petitioner has not been arrested in course of the investigation which further suggest that the petitioner has cooperated in the investigation, I am inclined to grant anticipatory bail to the petitioner. 7.
7. Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Sub Divisional Judicial Magistrate Cum Special Judicial Magistrate, Ranchi, in connection with RC No.02(S)/2024-R, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023. ( Sanjay Kumar Dwivedi, J.) SI/