Shailendra Kumar Mishra v. State Of Bihar And ANR

xIN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2459 of 2017 Arising Out of PS.Case No. -8 Year- 2014 Thana -C.B.I CASE District- PATNA ====================================================== Shailendra Kumar Mishra, so of Late Raghubir Mishra, resident of VillagePatore, P.S. Hayagahat, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Central Bureau of Investigation, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar, Advocate. For the Opposite Party/s : Mr. Bipin Kumar Sinha, SC, CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with R.C. No. 8A of 2014, registered under Sections 420, 468 and 471 of the Indian Penal Code and Sections 13(ii) read with Sections 13(i)(d) of the Prevention of Corruption Act, 1988, pending in the court of Special Judge, CBI-II, Patna. The accusation is that, in course of enquiry, it was found that some candidates were appointed on the post of 'Gram Dak Seva' in the District Madhubani on the basis of fake educational certificate issued by the Bihar Sanskrit Sikcha Board, Patna and others institutions.

Learned counsel for the petitioner submits petitioner is the Inspector of the Post Office and he is not the appointing authority of the 'Gram Dak Sevak' rather the Superintendent of Post Office is the appointing authority of the said post. The petitioner was authorized to verify the certificates of seven candidates but only question was raised in respect to one candidate Rajesh Kumar, whose father's name was Manoj Kumar but in tabulation register as verified by the petitioner, the parentage of Rajesh Kumar was detailed as Navlesh Prasad. It is further submitted that Rajesh Kumar has applied for correction of the name of his father before the Bihar Sanskrit Sikcha Board, Patna. On the other hand, learned counsel for the C.B.I. submits that, on enquiry, certificate of 24 candidates, who were appointed on the post of Gram Dak Sevak after verification of the certificate were found forged.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the

order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T