Rajeev Kumar @ Rajeev Kumar Rai v. The Superintendent Of Police, Central Bureau Of Investigation (CBI),Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51649 of 2021 Arising Out of PS. Case No.-18 Year-2016 Thana- C.B.I CASE District- Muzaffarpur ====================================================== RAJEEV KUMAR @ RAJEEV KUMAR RAI S/o RAM NATH RAI R/o VILLAGE-SAHPUR MARICHA, P.S-MANIYARI, DISTRICTMUZAFFARPUR.

... ... Petitioner/s

Versus

THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION (CBI),PATNA. PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate For the CBI :

Mr. Avanish Kumar, Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2022 Heard Mr. Rama Kant Sharma, learned senior counsel for the petitioner and Mr. Avanish Kumar Singh, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Patna C.B.I. /A.C.B./ Patna Case No. RC0232016A0018 registered for the offences punishable under Sections 120-B, 420, 468, 471 of the Indian Penal Code 1860 and Sections 13(2) r/w 13(i)(d) of P.C. Act, 1988.

As per the First Information Report lodged by CBI against Shyam Pandey, SSPO, Muzaffarpur Division, that he in connivance with the petitioner and others fraudulently appointed the petitioner as Gramin Dak Sevak (BPM), Bandra BO, viaPiar SO Muzaffarpur Division, in the department of post, on the

Patna High Court CR. MISC. No.51649 of 2021(4) dt.17-05-2022 2/3 basis of fake mark-sheet and testimonials.

Learned senior counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been implicated in this case mainly because that his father was working as an employee in the department of Post and was also made accused in the present case. He next submits that the father of the petitioner Ram Nath Roy has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc.79756 of 2019. Further submission is that other similarly situated co-accused persons have been granted anticipatory bail by this Court. The petitioner is in custody since 13.4.2021.

On the other hand, Mr. Avanish Kumar Singh, learned counsel appearing for the CBI submits that during course of investigation, and upon verification, it has come to light that the certificate and testimonials produced by the petitioner were fake.

Regards being had to the submission made by the parties, the period of custody of the petitioner for more than one year, the fact that similarly situated co-accused persons have either been granted anticipatory bail or regular bail by coordinate Benches of this Court and charge sheet has already

Patna High Court CR. MISC. No.51649 of 2021(4) dt.17-05-2022 3/3 been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, CBI, Muzaffarpur, in connection with Patna C.B.I. /A.C.B./ Patna Case No. RC0232016A0018.

(Anil Kumar Sinha, J) S.Ali/- U T