IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43787 of 2010 SHRI SHIV SHANKAR GUPTA, son of late Rameshwar Prasad Gupta Versus THE STATE OF BIHAR THROUGH C.B.I. ----------- 2 24.01.2011 Heard learned counsel for the petitioner as well as learned counsel appearing for the C.B.I. Petitioner seeks his bail in connection with Special Case No. 2/2006 arising out of RC 2A/2006 registered under Sections 120B, 420, 467, 468, 471 of the I.P.C. read with Section 13(2) read with Section 13(1)(d) of the P.C. Act, 1988. Admittedly, at the relevant time petitioner was working as Branch Manager in the concerned insurance company. It is stated that he issued some policies in respect of which subsequently claims were made and he sanctioned the claimed amounts which were withdrawn by co-accused Raghvendra Jha. Learned counsel for the petitioner submits that the claims were genuine, but it was Raghvendra Jha who withdrew the claimed amount after impersonating one Sri Shiv Kumar Jha and the said Raghvendra Jha has already been granted privilege of bail by this Court vide order dated 11.01.2010 passed in Cr. Misc. No. 43112 of 2009. He further submits that the aforesaid policies as well as claims were issued on the basis of report of Surveyor and the said Surveyor, namely, Jitendra Jha has also been released on bail by this Court vide order dated 16.01.2001 passed in Cr. Misc. No. 49682 of 2008. On the other hand, learned counsel appearing for the C.B.I. opposed the prayer pointing out this fact that several other cases have already been instituted against the petitioner and he has already been 2 dismissed from the service. He further submits that before issuance of claim, the petitioner was duty bound to verify the genuineness of the documents, but he failed to perform his duty which shows his connivance with the other accused persons. Considering the above stated submissions as well as facts and circumstances of the case particularly this aspect of the matter that the co-accused Raghvendra Jha and Jitendra Jha have already been granted privilege of bail, I think it proper to release the petitioner on bail. Accordingly, petitioner, namely, Shri Shiv Shankar Gupta is directed to be released on bail on furnishing bail bonds 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 above stated Special Case No.2/2006 arising out of RC 2A/2006, subject to condition that one of the sureties shall be son of the petitioner. PN (Hemant Kumar Srivastava,J.)