Girijesh Kumar v. The State Of Bihar, Through C. B. I., Patna

Patna High Court Cr.Misc. No.57203 of 2017 (2) dt.02-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57203 of 2017 Arising Out of PS.Case No. -1 Year- 2015 Thana -C.B.I CASE District- PATNA ======================================================

1. Girijesh Kumar S/o Haridwar Singh, R/o Village- Bhadseni, P.S.- Hisua, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar, Through C. B. I., Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Bipin Kumar Sinha (SC,CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-01-2018 Heard both sides.

The petitioner apprehends his arrest in CBI/ACB Case No. RC0232015A0001 of 2015 registered under Sections 120B, 420, 467 and 468 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. The petitioner is alleged to have got appointment on the post of G.D.S. on the basis of the forged certificate obtained from Hindi Sahitya Sammelan, Allahabad.

The learned counsel for the petitioner submits that petitioner never submitted any forged certificate along with his application form. Similarly situated co-accused persons namely Ramesh Kumar, Smt. Daizy and many others have been granted anticipatory bail vide order passed in Cr. Misc. No.54517 of 2017,

Patna High Court Cr.Misc. No.57203 of 2017 (2) dt.02-01-2018 Cr. Misc. No.49549 of 2017, Cr. Misc. No.47268 of 2017, Cr. Misc. No.49588 of 2017, Cr. Misc. No.38547 of 2017, Cr. Misc. No.39977 of 2017 and others.

The learned counsel for the C.B.I. did not dispute the fact.

Taking into consideration the sole fact that although petitioner is alleged to have obtained appointment on the basis of forged certificate but similarly situated co-accused have already been granted anticipatory bail, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I. II, Patna in connection with CBI/ACB Case No. RC0232015A0001 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T