Anjay Kumar v. The State Of Bihar, Through C. B. I., Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3731 of 2018 Arising Out of PS.Case No. -1 Year- 2015 Thana -C.B.I CASE District- PATNA ======================================================
1. Anjay Kumar Son of Geeta Prasad Singh Resident of Village- Ohari, Police Staton- Kadirganj, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar, Through C. B. I., Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar (Sc,Cbi) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 The petitioner is apprehending his arrest in connection with R.C Case No. 1(A)/2015, registered for offences punishable under Sections 120-B, 420, 467and 468 of the IPC and Section 13(2) and 13(1)(d) of the Prevention of Corruption Act. The petitioner is alleged to have got appointment on the post of G.D.S-BPM, Ohari, Branch Office in the Nawada Postal Division, on the basis of forged certificate obtained from Hindi Sahitya Sammelan.
At the very outset, it has been submitted by learned counsel for the petitioner that several other similarly situated coaccused persons have already been granted the privilege of pre arrest bail by the order of different coordinate Benches of this Court viz. Cr. Misc. No. 24914 of 2017, Cr. Misc. 32417 of 2017,
Patna High Court Cr.Misc. No.3731 of 2018 (2) dt.01-02-2018 2/3 Cr. Misc. No. 38547 of 2017, Cr. Misc. No. 39977 f 2017, Cr. Misc. No. 47268 of 2017, Cr. Misc. No. 49549 of 2017, Cr. Misc. No. 52147 of 2017, Cr. Misc. No. 49588 of 2017, Cr. Misc. No. 49364 of 2017, Cr. Misc. No. 57578 of 2017, Cr. Misc. No. 57203 of 2017 and Cr. Misc. No. 571 of 2008 and there is nothing to show that the case of the petitioner is different to those, who have already been granted the privilege of pre arrest bail. Learned counsel for the CBI fairly acceded that other similarly situated co-accused has already been granted the privilege of pre - arrest bail by different Benches of this Court.
Having heard both sides, in view of the above facts as well as in view of the fact that other co-accused with similar allegation have already been granted the privilege of pre-arrest bail, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge - Patna, in connection with R.C Case No. 1(A)/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.
Patna High Court Cr.Misc. No.3731 of 2018 (2) dt.01-02-2018 3/3 (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T