Navin Kumar v. The Union Of India Through The Central Bureau Of Investigation, A.C.B. Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32997 of 2021 Arising Out of PS. Case No.-16 Year-2016 Thana- C.B.I CASE District- Patna ====================================================== NAVIN KUMAR, aged about 40 years, Gender, Male, son of Late Ram Briksha Das Resident of village- Dadar, P.O Kolhua Paigambarpur P.SAhiyapur Dist- Muzaffarpur ... ... Petitioner/s

Versus

THE UNION OF INDIA THROUGH THE CENTRAL BUREAU OF INVESTIGATION, A.C.B. PATNA Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Anisur Rahman, Advocate For the Opposite Party/s :

Mr. Bipin Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2021 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 420,120B,468 and 471 of the Indian Penal Code and Sections 13(3) read with Sections 13(I) (D) of Prevention of Corruption Act.

It is alleged that petitioner got employment on the post of Gramin Dak Sevak (Packer) in postal department, on the basis of fake certificate submitted by him.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case merely on the basis of suspicion. It is further submitted that coaccused, Sunil Kumar Sinha, Superintendent of Post Officers, West Sub Division, Muzaffarpur, the then appointing authority,

Patna High Court CR. MISC. No.32997 of 2021(2) dt.30-09-2021 2/3 as well as similarly placed co-accused have already been granted bail Vide Annexure 3, 4, 5 and 6. Petitioner has no criminal antecedent.

Learned counsel for the CBI has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No.10/2016 (arising out of R.C. No.023-2016A/2016) with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of

Patna High Court CR. MISC. No.32997 of 2021(2) dt.30-09-2021 3/3 bail of the petitioner.

(S. Kumar, J) Sanjay/- U T