Surya Prakash Bharti v. The Union Of India, Through The Superintendent Of Police, C. B. I. , A.C.B., Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21483 of 2019 Arising Out of PS. Case No.-4 Year-2013 Thana- C.B.I CASE District- Muzaffarpur ====================================================== SURYA PRAKASH BHARTI S/o Sh. Ganesh Prasad Singh Resident of Village and P.O.-Lagunia Raghukanth, via Kashipur, P.S.- Samastipur Town District-Samastipur.
... ... Petitioner
Versus
THE UNION OF INDIA, THROUGH THE SUPERINTENDENT OF POLICE, C. B. I. , A.C.B., PATNA. Patna ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasudeo Ram For the Opposite Party/s :
Mr.Bipin Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2019 This application, for grant of anticipatory bail, arises out of C.B.I./A.C.B. R.C. Case No. 04/2013 (Corresponding to Trial No. 27/2018) disclosing offences under Sections 420, 467, 468, 471 and 477A of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of prevention of Corruption Act. Allegation against the petitioner is that he secured appointment as Dak Sevak on the basis of forged certificate of Bihar Sanskrit Shiksha Board.
Submission of learned counsel for the petitioner is that he has falsely been made accused in this case and furthermore, other similarly situated persons have already been enlarged on anticipatory bail by coordinate Benches of this
Patna High Court CR. MISC. No.21483 of 2019(2) dt.10-05-2019 2/3 Court vide order dated 07.09.2017 passed in Cr. Misc. No. 39977/2017 and vide order dated 19.08.2017 passed in Cr. Misc. No. 33525/2017 Learned counsel appearing on behalf of the C.B.I. opposed the prayer for bail and submitted that the prayer of some of the accused persons for grant of anticipatory bail have also been rejected by this Court.
However, from perusal of the record, it appears that several similarly sitauted accused persons have moved this court for grant of anticipatory bail and except in one or two cases, all others have been granted the privilege of anticipatory bail, as such, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judicial Magistrate, Muzaffarpur, in connection with C.B.I./A.C.B. R.C. Case No. 04/2013 (Corresponding to Trial No. 27/2018), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
It is further subject to the condition that petitioner shall cooperate in disposal of trial and make himself available
Patna High Court CR. MISC. No.21483 of 2019(2) dt.10-05-2019 3/3 before the court as and when required, otherwise, prosecution will be at liberty to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sunilkumar/- U T