Randhir Kumar v. The Union Of India Throuth C.B.I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32767 of 2021 Arising Out of PS. Case No.-3 Year-2013 Thana- C.B.I CASE District- Patna ====================================================== Randhir Kumar Son Of Dhananjay Kumar Singh @ Dhanjay Singh Resident Of Village - Kuwari Madan, P.S.- Majorganj, District - Sitamarhi ... ... Petitioner/s

Versus

The Union of India throuth C.B.I., Govt. of India. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. K.N. Singh(Ad.S.G.) :

Mr. Bipin Kumar Sinha (for CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and Mr. Bipin Kr. Sinha, learned counsel for the C.B.I. through virtual court proceedings.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Special Case No. 04 of 2013 arising out of C.B.I./ACB/R.C. Case No. 3 (A)/2013 registered for the offence punishable under Sections 120(B) read with 420, 467, 468, 471 and 477A of the Indian Penal Code and Sections 13(2) and 13 (1)(d) of Prevention of Corruption

Patna High Court CR. MISC. No.32767 of 2021(3) dt.13-07-2021 2/3 Act, 1988.

As per the prosecution case, It is alleged that on the basis of fake and forged certificates issued by Bihar Sanskrit Shiksha Board and other Institutions the petitioner in connivance with the postal authorities got appointed in the Department of Post as Gramin Dak Sewak (GDS).

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner's educational certificate was got verified by the appointing authority from the Board and the petitioner has not submitted any fake certificate, the appointing authority has enquired the character and antecedents of the petitioner before issuing him appointment letter. He further submits that similary situated co-accused persons have already been granted privilege of Anticipatory Bail by different Co-ordinate Benches of this Court. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 05.03.2021. Learned APP for the State and learned counsel for the C.B.I vehemently opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.32767 of 2021(3) dt.13-07-2021 3/3 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Special Case No. 04 of 2013, RC Case No. 3(A) of 2013.

(Anjani Kumar Sharan, J) GAURAV S./- U T