Asha Kumari v. The Union Of India, Through , The S.P., CBI, Acb, Patna , Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38591 of 2023 Arising Out of PS. Case No.-5 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== ASHA KUMARI W/O KAMLESH KUMAR R/O Village. Indo , PS. Bagwanganj,Dist. Patna ... ... Petitioner/s

Versus

THE UNION OF INDIA, THROUGH , THE S.P., CBI, ACB, PATNA , BIHAR, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

For the CBI :

Mr. Sourendra Pandey, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with R.C. Case No. 05(A) of 2018 (Special Case No. 08 of 2018) dated 21.03.2018 registered for the offences punishable u/ss 120B, 420, 467, 468, 471 and 474 of the Indian Penal Code but the charge-sheet was submitted u/ss 120B, 201, 420, 467, 468, 471 of the IPC and Sections 13(2)13(1)(d) of the P.C. Act.

3. As per the prosecution case, the co-accused persons are alleged to have got appointment as Panchayat teachers on the basis of forged and fabricated certificates.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.38591 of 2023(3) dt.08-09-2023 2/3 this case. The petitioner is not named in the FIR. The name of the petitioner has surfaced during the investigation. The petitioner has earlier moved for anticipatory bail before this Hon'ble Court which was rejected on 02.09.2019 vide order passed in Cr. Misc. No. 49405 of 2019. The said order was challenged before the Hon'ble Apex Court and was rejected on 09.12.2019 vide SLP(Cr.) 10868 of 2019. The co-accused person has already been granted bail by the coordinate Bench of this Court vide order dated 20.01.2020 passed in Cr. Misc. No. 2264 of 2020. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is a lady who is in custody since 25.04.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with R.C. Case No. 05(A) of

Patna High Court CR. MISC. No.38591 of 2023(3) dt.08-09-2023 3/3 2018 (Special Case No. 08 of 2018).

7. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T