Manoj Kumar Singh V. The Union of India through Central Bureau of Investigation, Ranchi

A.B.A./2737/2023

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Manoj Kumar Singh, a director of Maa Mundeswari Carbon Pvt. Ltd., sought anticipatory bail in connection with allegations of a criminal conspiracy involving the diversion of coal from Central Coalfields Limited to the open market, causing a significant financial loss. The case, registered under various sections of the IPC and the Prevention of Corruption Act, accused Singh of entering into a conspiracy with officials of Central Coalfields Limited and managing fake documents to secure a Fuel Supply Agreement. The court considered the submissions, including the lack of charges against the alleged conspirators and the resumption of coal supply post-investigation, leading to the decision to grant anticipatory bail.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 801236 (HC-JHARKHAND)
• Appeal Type: Others
• Pronouncement Date: 16-06-2023
• Assessment Year: misc
• Other Referred Cases: Satender Kumar Antil Vs. Central Bureau of Investigation {(2022) 10 SCC 51}, Amar Preet Singh Vs. CBI (2021) SCC Online SC 941
• Laws Referred To: Indian Penal Code, Prevention of Corruption Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: ANIL KUMAR; NITISH SARTHI; CHANDANA KUMARI
• Assessee Lawyers: SUMEET GADODIA; AANYA
• Keywords: Anticipatory bail; Criminal conspiracy; Fuel Supply Agreement; Manufacturing of soft coke; Central Coalfields Limited; Fake and fabricated document
• Section: 13(2); 13(1)(d); 468; 420; 471; 120B; 438(2)

Judgement Text

" IN THE HIGH COURT OF JHARKHAND AT RANCHI A. B. A. No. 2737 of 2023 ----- Manoj Kumar Singh … …. Petitioner Versus The Union of India through Central Bureau of Investigation, Ranchi … …. Opp. Party ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : M/s Sumeet Gadodia & Aanya, Advocates For the CBI : M/s Anil Kumar, Addl.S.G.I. Nitish Parth Sarthi & Chandana Kumari, AC to Addl.S.G.I. ----- Oral Order 05 / Dated : 16.06.2023 Apprehending his arrest, the petitioner named above has moved this Court for grant of anticipatory bail in connection with RC Case No. 02(A)/2012-R registered under Sections 120B, 420, 468, 471 of Indian Penal Code and Sections 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, pending in the court of Special Judge, CBI, Ranchi. Heard the parties. The prosecution case in brief is that the petitioner is one of the Directors of Maa Mundeswari Carbon Pvt. Ltd. which is in the business of manufacturing of soft coke from coal being supplied by Central Coalfields Limited under Fuel Supply Agreement. The main allegation against the petitioner is that without having any effective manufacturing of soft coke, Fuel Supply Agreement was entered into between Central Coalfields Limited and the allotted coal was sold in the open market thereby causing loss to the tune of Rs.4,07,99,625/- to Central Coalfields Limited. It is submitted by learned counsel for the petitioner that there is allegation that the petitioner had entered into criminal conspiracy with the officials of Central Coalfields Limited, but the charge sheet has not been submitted against any of such official with whom the petitioner is alleged to have entered into criminal conspiracy. After the CBI raid, coal supply was suspended by the Central Coalfields Limited for some time and show cause notice was issued to the petitioner. After explanation was submitted by the company, the supply of coal was resumed on 07.12.2011, which goes to show that the allegation of diverting coal to open market was not true. Lastly, it is submitted that after investigation, charge sheet has been submitted and in view of the ratio decided by the Hon’ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation {(2022) 10 SCC 51} and Amar Preet Singh Vs. CBI (2021) SCC Online SC 941), no further purpose would be served to arrest the accused. Learned Addl.S.G.I. appearing for the CBI has opposed the prayer for bail and submitted that the petitioner has submitted false project report of soft coke to Central Coalfields Limited authority and in pursuant of it, the petitioner managed fake and fabricated document. Having considered the rival submissions of learned counsel and taking into account the fact that the charge sheet has been submitted, the anticipatory bail application is allowed. Hence, in the event of his arrest or surrender within a period of two weeks from the date of this order, the petitioner named above shall be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, subject to the conditions laid down under section 438 (2) Cr. P.C. and further condition that one of the bailers should be income tax payee. (Gautam Kumar Choudhary, J.) AKT "