Arvind Kumar v. The State Of Bihar, Through CBI, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2404 of 2017 Arising Out of PS.Case No. -7 Year- 2013 Thana -C.B.I CASE District- PATNA ====================================================== Arvind Kumar, aged about 34 years, S/o Sri Mathura Prasad, resident of Main Road Noorsarai, P.S. Noorsarai, District Nalanda, Pin Code : 803113. .... .... Petitioner.

Versus

The State of Bihar, through CBI, Patna.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : M/s. S.N.P. Sinha, Senior Advocate &. Laxmi Narayan Das, Advocate.

For the CBI : Mr. Sanjay Kumar, SC, CBI. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 21-03-2017 Heard.

The petitioner apprehends his arrest in connection with SPE/SCB Patna P.S. Case No.RC0922013S0007/2013 (R.C. Case No.7(S) 2013) registered under Sections 120(B), 419. 420, 467, 468 and 471 of the Indian Penal Code, pending in the court of Sri Praveen Kumar Singh, Special Judge, CBI-I, Patna. The accusation is that one person, in the name of Abhishek Kumar, was selected in the Examination of SubInspector of C.I.S.F. but, later on, it was detected that in the name of the certificate of Abhishek Kumar, one Naveen Kumar joined the training of the Sub Inspector, C.I.S.F., affixing his own photograph in place of Abhishek Kumar.

Patna High Court Cr.Misc. No.2404 of 2017 (4) dt.21-03-2017 2/3 Learned senior counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that on the basis of the certificate of Abhishek Kumar, one Naveen Kumar appeared in the examination of the Sub Inspector of C.I.S.F. and he was also selected. The petitioner has no concern with regard to the same.

On the other hand, learned standing counsel appearing on behalf of the C.B.I. submits that, in course of investigation, it was detected that one Sudha Kant Kumar had two sets of Educational Certificate, one in his own name and another was in the name of Abhishek Kumar. The certificate in the name of Abhishek Kumar was purchased by Naveen Kumar, who appeared in the examination of Sub-Inspector of C.I.S.F. and after passing in the said examination, he joined the training on the basis of that certificate and this petitioner had appeared in the said examination in place of Abhishek Kumar, which has come in paragraph-191 of the case diary.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to

Patna High Court Cr.Misc. No.2404 of 2017 (4) dt.21-03-2017 3/3 surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T