Mukesh Kumar v. The Union Of India Through C. B. I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11421 of 2019 Arising Out of PS. Case No.-3 Year-2013 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Mukesh Kumar Son of Birendra Jha Resident of Village - Belahiya, P.O. Batra, Via- Raipur, P.S. Nanpur, District - Sitamarhi ... ... Petitioner/s

Versus

The Union of India through C. B. I. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar, Adv.

Mr. Devendra Kumar, Adv.

For the Opposite Party/s :

Mr. Bipin Kumar Sinha, SC/C.B.I.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 This is an application for grant of anticipatory bail in connection with C.B.I. R/C 03(A)/2013, Tr. No. 20/2017, disclosing offences under Sections 420, 468 and 471 of the Indian Penal Code.

Allegation against the petitioner is of getting appointment in the Post Office on the basis of fake certificates of Bihar Sanskrit Siksha Board.

Submission of learned counsel for the petitioner is that several persons having similar allegation have been granted privilege of anticipatory bail by different Coordinate Benches of this Court vide order dated 16.10.2015 passed in Cr. Misc. No.48588 of 2015, vide order dated 11.03.2016 passed in Cr. Misc. No.54298 of 2015, vide order dated 12.02.2018 passed in

Patna High Court CR. MISC. No.11421 of 2019(3) dt.26-03-2019 2/2 Cr. Misc. No.36594 of 2017, vide order dated 26.09.2018 passed in Cr. Misc. No.50908 of 2018 and vide order dated 21.01.2019 passed in Cr. Misc. No.68505 of 2018. Heard learned counsel for the C.B.I. also, who opposed the prayer for anticipatory bail of the petitioner stating that during inquiry, it has also transpired that the petitioner has got the appointment on the basis of forged certificate in place of one Veena Kumari, who has got 344 marks.

Having heard both sides, in view of the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail and the same shall be considered on the basis of submission of learned counsel for the petitioner, if possible, to be disposed of on the same day. (Vinod Kumar Sinha, J) Amjad/- U T