Bandana Kumari 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.17114 of 2019 Arising Out of PS. Case No.-4 Year-2013 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Bandana Kumari W/o Sh. Anuj Kumar Mishra Resident of Village-Karihara, Via Ujiarpur, P.S-Sarairanjan, District-Samastipur. ... ... Petitioner/s

Versus

The Union Of India, Through The Superintendent Of Police, C. B. I., A. C.B., Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasudeo Ram, Advocate For the Opposite Party/s :

Mr.Bipin Kumar Sinha, SC, CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned counsel for Union of India.

The petitioner is apprehending his arrest in a case registered under Section 120B read with Section 420, 467, 468, 471, 477A of the I.P.C. and Sections 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. It is alleged by the Additional Superintendent of Police, C.B.I. ACB, Patna, that a reliable information was received that Gramin Dak Sevaks (G.D.S.) had been appointed in the post offices under the jurisdiction of Superintendent of Post, Samastipur, on the basis of fake educational certificate issued by Bihar Sanskrit Siksha Board and other Institutions in utter disregard to the laid down rules of the Postal Department during

Patna High Court CR. MISC. No.17114 of 2019(2) dt.02-04-2019 2/3 the period of 2008-2012. On the basis of above information, a preliminary enquiry was made and during course of enquiry, it transpired that 13 candidates were appointed during the period of 2008-2012 on the basis of certificates issued by Bihar Sanskrit Shiksha Board, Patna. It has further transpired that the certificates have not been issued by Bihar Sanskrit Shiksha Board in the name of candidate appointed and thus, the certificates were fake and forged. It is further alleged that on the basis of said fake and forged certificate, accused persons in connivance with the Postal Department authorities got appointed in the Department of Post as Gramin Dak Sewak (G.D.S.).

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. It is further submitted that other co-accused persons with similar accusation have been granted anticipatory bail by another coordinate Benches of this Court vide Cr.Misc.No.33525 of 2017 order dated 19.08.2017, Cr.Misc.No.39977 of 2017 order dated 07.098.2017 and Cr.Misc.No.52679 of 2018 order dated 11.09.2018 and also by this Court vide Cr.Misc.No.68006 of

Patna High Court CR. MISC. No.17114 of 2019(2) dt.02-04-2019 3/3 2018 order dated 17.01.2019.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) 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 Special Case NO.05/2013 (corresponding to Trial No.27/2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T