Sanjay Kumar Sinha v. The State Of Bihar Through The Central Bureau Of Investigation, A C B, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16199 of 2017 Arising Out of PS.Case No. -22 Year- 2015 Thana -C.B.I CASE District- PATNA ====================================================== Sanjay Kumar Sinha S/o Late Jagdish Prasad Sinha R/o Babhnour, P.S. - Narhat, District - Nawada.

.... .... Petitioner

Versus

The State of Bihar through the Central Bureau of Investigation, ACB, Patna. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pramod Kumar Sinha, Advocate.

Mr. Arvind Kumar Sharma, Advocate.

For the Opposite Party : Mr. Bipin Kumar Sinha (Sc,Cbi) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-05-2017 Heard both sides.

The petitioner apprehends his arrest in RC Case No. 22(A)/2015, corresponding to Special Case No. 2 of 2016, now Special Case No. 3 of 2016 registered for the offences punishable under Sections 420, 471 of the Indian Penal Code.

The informant alleged that he got information from the reliable source that one Shri Arvind Kumar Kesri, while he was working as Inspector of Post, West Nawada during the period 2011-12, entered into criminal conspiracy with Sanjay Kumar Sinha, the petitioner and others. In the aforesaid conspiracy, Sanjay Kumar Sinha was appointed as GDS Packer, Nardiganj, S.O. of Nawada Postal Divisionon on the basis of forged Madhyama marksheet of Bihar Sanskrit Shiksha Board, Patna.

Learned counsel for the petitioner submits that CBI after

Patna High Court Cr.Misc. No.16199 of 2017 (3) dt.11-05-2017 2/2 investigation did not submit charge sheet against Arvind Kumar Kesri and he is now posted as APMG, Patna. The petitioner is a poor fellow and charge sheet against him was filed under Sections 420, 471 of the Indian Penal Code.

From perusal of the records, it appears that the petitioner applied for appointment on the post of GDS Packer and submitted marksheet bearing Code No. 4301, Roll No. 721 of the year 2006, issued by the Bihar Sanskrit Shiksha Board, Patna. The same certificate was sent for verification and it transpired that the certificate bearing Code No. 4301, Roll No. 721 of the year 2006 was not issued in the name of Sanjay Kumar Sinha, the petitioner rather the same was issued in the name of Soni Kumari, daughter of Kameshwar Prasad. Soni Kumari got 327 marks, whereas the petitioner has shown that he got 92 percent marks in Madhyama Examination.

Considering the fact that it was the petitioner who submitted forged certificate in order to get appointment on the post of GDS Packer, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J.) KKSINHA/- U T