Jaleshwar Baitha v. The Centeral Bureau Of Investigation,Head Of Branch C.B.I, S.C.B., Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14800 of 2023 Arising Out of PS. Case No.-3 Year-2021 Thana- C.B.I CASE District- Patna ====================================================== JALESHWAR BAITHA S/O NIKHIDI BAITHA R/v- Gopalpur, Police Office- Purkhauli, P.S.- Vaishali, District- Vaishali ... ... Petitioner/s

Versus

THE CENTERAL BUREAU OF INVESTIGATION,HEAD OF BRANCH C.B.I, S.C.B., PATNA Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Nivedita Nirvikar, APP For the CBI :

Mr. Avnish Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 120(b), 420 and 193 of the Indian Penal Code.

On query of the court, the learned counsel for the CBI does not dispute rather fairly submits that petitioner is aged about 93 years. The learned counsel for the petitioner submits that petitioner never had any intention of filing a false affidavit before this Court.

It is next submitted that the bail application of his son was filed and the petitioner being an old person was asked to sign on a blank paper which he signed blindly, considering that

Patna High Court CR. MISC. No.14800 of 2023(3) dt.22-06-2023 2/2 he would not be cheated by his own son. It is next submitted that petitioner was completely unaware that the bail application filed on behalf of his son would deliberately conceal his criminal antecedent and it is also submitted that the petitioner is an illiterate person.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with C.B.I Case 03 of 2021 (RC(S) 03 of 2021) subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Adnan/- U T