Surendra Prasad v. The Central Bureau Of Investigation
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27990 of 2023 Arising Out of PS. Case No.-24 Year-2014 Thana- C.B.I CASE District- Patna ====================================================== SURENDRA PRASAD Son of Sujan Sah Resident of village - Nawgawa, Ward no. 12, Dumariya Estate, P.S. - Ramnagar, Navgawan, Distt. - West Champaran, Bihar - 845103 ... ... Petitioner/s
Versus
THE CENTRAL BUREAU OF INVESTIGATION ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar For the Opposite Party/s :
Mrs. Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned counsel for the C.B.I.
2. The petitioner is apprehending his arrest in connection with Special CBI Case No. 9 of 2014, arising out of RC No. 24/A/2014 bearing no. RC0232014A0024 registered for the offences punishable under sections 120B r/w 420, 467, 468 & 471 of the Indian Penal Code and Section 13(2) r/w/w 13(1) (d) of the Prevention of Corruption Act, 1988.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have got appointment as Gramin Dak Sevak on the basis of forged and fabricated certificates under conspiracy with the other accused persons.
Patna High Court CR. MISC. No.27990 of 2023(15) dt.13-03-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner have falsely been implicated in this case. The petitioner has got no criminal antecedent as stated in para 3 of the bail petition. Learned counsel further submitted that the certificates of the petitioner is genuine. He further submits that the petitioner has not resigned from the said post.
5. Learned counsel for the opposite party has vehemently opposed the bail petition of the petitioner and submitted that the petitioner and the other co-accused persons was appointed as Gramin Dak Sevak on the basis of fake and forged documents. It is further submitted that petitioner has not resigned from the post of Gramin Dak Sevak and is still working. He has further submitted that one of the co-accused who has already left the said job and he was ready to refund the salary amount, has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 08.10.2018 passed in Cr. Misc. No. 48244 of 2018.
6. Considering the aforesaid facts and circumstances of the case as well as the seriousness of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out against the petitioner and the same is rejected with direction to the petitioner to surrender before the court
Patna High Court CR. MISC. No.27990 of 2023(15) dt.13-03-2024 3/3 below concerned within six weeks from today and pray for regular bail and the learned Court below may consider the prayer for regular bail of the petitioner in accordance with law without being prejudiced by this order.
7. The application stands rejected.
(Chandra Prakash Singh, J) Ranjeet/- U T