Rajesh Kumar v. The Union Of India Through C.B.I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68505 of 2018 Arising Out of PS. Case No.-3 Year-2013 Thana- C.B.I CASE District- Patna ====================================================== Rajesh Kumar, Son of Manadhari Sah Resident of Village-Bhalhi P.O. Bhalhi Harpur,P.S. Bathnaha,Distt.-Sitamarhi ... ... Petitioner/s

Versus

The Union of India Through C.B.I.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Bipin Kumar Sinha SC, C.B.I.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 468 and 471 of the Indian Penal Code. The prosecution case, in brief, is that allegedly, Gramin Dak Sewaks (GDS) including the petitioner had been appointed in the post offices under the jurisdiction of Superintendent of Post, Sitamarhi on the basis of fake educational certificate issued by Sanskrit Shikchha Board.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The other similarly co-accused namely Praveen Kumar with similar allegation has been granted anticipatory bail by this court vide order dated 11-03-2016 passed in Cr. Misc. No. 54298 of 2015. It has

Patna High Court Cr.Misc. No.68505 of 2018(4) dt.21-01-2019 2/2 further been submitted that the petitioner is ready to deposit an amount of Rs. 50,000/- in the court below, which shall be subject to the final disposal of the case.

On behalf of the CBI, it has been submitted that the petitioner had sought for an appointment on the basis of a fake certificate. Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 50,000/- in the court below, which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, in the event of arrest/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 learned Special Judge, C.B.I., Muzaffarpur in connection with C.B.I. R/C 03(A)/2013, Tr. No. 20 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T