IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48364 of 2008 KARTIK MAHATHA, S/O Shri Raj Kumar Mahatha, R/O Vill. Ranga, P.S./District- Deoghar (Jharkhand) ----Petitioner Versus STATE OF BIHAR THRU.C.B.I .----Opp. Party ----------- 3/ 30-Jan-09 Heard learned counsel for the petitioner and the Standing Counsel for the C.B.I. The petitioner at the relevant time was Inspector, Customs. He is an accused for offence under Section 409 read with Section 102B of the Indian Penal Code and section 13(2) read with Section 13(1)(c) and (d) of the Prevention of Corruption Act, vide S.P.E./CBI/Patna R.C. 26(A) 2004 . It is submitted on behalf of the petitioner that while working as Inspector of Customs the certain seized items including Computers were kept in the Godown under the custody of the petitioner. Later the petitioner handed over the charge of the seized items to the co-accused, M.N.Singh, as per the charge report as contained in Annexure-2. Thereafter the present case was registered against this petitioner as well as other co-accused persons. It has been alleged that the parts of the 2 computer, which were seized, were removed and replaced. It is further submitted that charge report was given to the co-accused, M.N.Singh, who took the charge of the goods without any objection. Later on certificate of the seized goods were obtained after making inventory under the signature of the Judicial Magistrate as contained in annexure -2. Submission is that the petitioner has been falsely implicated on mere suspicion and after the investigation, the charge-sheet has been submitted against him. During investigation, petitioner fully co-operated and always appeared before the I.O. It is further submitted that the petitioner has been arrested and is in custody for nearly about three months although he is a responsible government servant and there is no chance of his absconding more so in the Department he was promoted to the post of Superintendent of Customs but on account of the present case his career is being jeopardized for his no fault. Standing Counsel for the C.B.I. submits that this petitioner along with other 3 co-accused persons under a criminal conspiracy have removed the computer parts. The accused No.2, M.N.Singh has revealed the misdeeds of the accused persons including the petitioner in his statement made under Section 164 Cr.P.C. It is further submitted that the said co-accused M.N.Singh in his statement made under Section 164 Cr.P.C. has said that he at the time of taking over charge of the seized items could not verify the items given by this petitioner. Considering the facts and circumstances of the case, let the petitioner, Kartik Mahatha, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, (C.B.I.), North Bihar, Patna in connection with Spl. Case No.8 of 2004 arising out of R.C.26(A) of 2004 subject to condition that one of the bailors should be close relative of the petitioner. chauhan (Shailesh Kumar Sinha, J.)