Surendra Singh v. The Central Bureau Of Investigtion, Acb, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36515 of 2022 Arising Out of PS. Case No.-18 Year-2019 Thana- C.B.I CASE District- Patna ====================================================== Surendra Singh Son of Sita Ram Singh R/O Village- Derhgaon, P.S.- Dawath, District- Rohtas ... ... Petitioner/s
Versus
The Central Bureau of Investigtion, ACB, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the C.B.I.
:
Mr. Avanish Kumar Singh, Advocate, S.P.P., C.B.I. Mr. Ambar Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with R.C. Case No. 18 of 2019 registered for the offence under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 08.04.2022.
The allegation against the petitioner is of cheating and also to use a forge document, as genuine, for obtaining job of "Gramin Dak Sevak" (GDS).
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.36515 of 2022(3) dt.22-09-2022 2/3 submitted that the implication of petitioner is without any just basis for the reason that Sanskrit Board confirmed the marksheet of petitioner, as genuine, in year 2012 on verification, whereas in year 2019, for the reason best known to Sanskrit Board, the marks, as mentioned in mark-sheet of the petitioner, was found much less, as 405 against 628, as awarded earlier. It is further submitted that petitioner himself is a victim of circumstances and for no fault he has been implicated in present case. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned Special Public Prosecutor, C.B.I., while opposing the prayer of bail, fairly conceded that the document of petitioner was found genuine by Sanskrit Board in year 2012. Considering the facts and circumstances as mentioned above and by taking contradictory finding of Bihar Sanskrit Shiksha Board, regarding genuineness of mark-sheet of petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with R.C. Case No. 18 of 2019 on
Patna High Court CR. MISC. No.36515 of 2022(3) dt.22-09-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Magistrate for C.B.I. Cases, Patna/concerned court, subject to the conditions as mentioned under Section 437
(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T