Krishna Kumar Pradhan v. The Union Of India, Through The Superintendent Of Police, Central Bureau Of Investigation, A. C. B.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68006 of 2018 Arising Out of PS. Case No.-4 Year-2013 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Krishna Kumar Pradhan, S/o Shri. Mahendra Pradhan, R/o Village and P.O. Harinagar, Via Singhia, P.S. Kusheshwar Asthan, Distt.-Darbhanga. ... ... Petitioner

Versus

The Union of India, through the Superintendent of Police, Central Bureau of Investigation, A. C. B., Patna.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Vasudeo Ram, Advocate.

For the Opposite Party :

Mr.Bipin Kumar Sinha SC, CBI.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned counsel for the C.B.I.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 120(B), 420, 467, 468, 471, 477(A) of the IPC, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

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

Patna High Court Cr.Misc. No.68006 of 2018(4) dt.17-01-2019 2/3 during 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 Siksha 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 by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The petitioner is not named in the F.I.R. His name has come in the present case in course of investigation. The allegation is that the petitioner had applied for the post of Gramin Dak Sevak (G.D.S.) with a fake certificate. It is further submitted that other co-accused persons with similar accusation have been granted anticipatory bail by

Patna High Court Cr.Misc. No.68006 of 2018(4) dt.17-01-2019 3/3 another Co-ordinate Benches of this Court vide Cr. Misc. No. 33525 of 2017, order dated 19.08.2017, Cr. Misc. No. 39977 of 2017 order dated 07.09.2017, and Cr. Misc. No. 52679 of 2018 order dated 11.09.2018.

On behalf of the learned counsels for the State and C.B.I., it has been submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned Special Judicial Magistrate, C.B.I., 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) U.K./- U T