Abhay Kumar v. The State Of Bihar Through The C. B. I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31858 of 2017 Arising Out of PS.Case No. -19 Year- 2013 Thana -C.B.I CASE District- PATNA ====================================================== Abhay Kumar Son of Sri Kamlesh Prasad Resident of Village Telhara, Police Station- Telhara, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar Through The C. B. I.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Bipin Kumar Sinha (Sc,Cbi) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and the State. Petitioner is an accused in connection with Special Case No. 05 of 2013, RC No. 19(A)2013 for the offence under sections 120(B), 419, 420, 467, 468 and 471 of the Indian Penal Code.

The petitioner has stated on affidavit in para-3 that the petitioner has no criminal antecedent.

Counsel for the petitioner submits that the petitioner was not named in the FIR. His name surfaced during the course of investigation. It appears from Annexure-4 that the persons named in the FIR and directly involved in manipulating the examination of SCCBI have been granted bail by this court in Cr. Misc. No. 4096 of 2014 and Cr. Misc. No. 4290 of 2014 vide order dated

Patna High Court Cr.Misc. No.31858 of 2017 (2) dt.21-07-2017 2/2 14.3.2014 and one Sanjiv Kumar was granted bail in Cr. Misc.No. 15589 of 2014 vide order dated 3.6.2014.

Considering the fact that similarly circumstanced other co-accused have been granted bail on the ground of parity, I am inclined to enlarge the petitioner, named above, on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Praveen Kumar Singh, Spl. Judicial Magistrate, C.B.I., Patna, in connection with Spl. Case No. 05 of 2013, RC No. 19(A) of 2013 on the condition that the petitioner will cooperate in the trial and will not, in any manner, influence the evidence or the witnesses. (Anil Kumar Upadhyay, J) Ravi/- U T