Ramanand Lal Karn @ R. L. Karn v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45287 of 2019 Arising Out of PS. Case No.-4 Year-2015 Thana- C.B.I CASE District- Patna ====================================================== RAMANAND LAL KARN @ R. L. KARN Son of Late Triveni Lal Karn Resident of Village - Shreepur, P.S.- Hathauri, Distt - Samastipur. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Central Bureau of Investigation through the Additional Superintendent of Police, ACB, Patna, Dr. S.K. Singh Path, Off Bailey Road, Patna- 800022, Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Pd. Singh Sr. Advocate For the Opposite Party/s :
Mr.Bipin Kumar Sinha CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and the learned counsel for the CBI.
The petitioner seeks bail in R. C. case no. 4/15 instituted for the offence under Section(s) 120B read with Sections 420,467,468 and 471 of the Indian Penal Code and Section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988.
Learned counsel for petitioner submits that all the applications were received by the office of the superintendent of post offices and the same were sent to the Inspector of Post Offices vide letter no A- Laukhan dated 2.2.2011. Thereafter the Inspector of post offices after verifying genuineness of the
2/4 certificates sent his report vide letter no. A Laukhan dated 26.2.2011 and accordingly the merit list was prepared. It has further been submitted that superintendent of post office on the basis of merit list issued appointment letter to the candidates as per available vacancies. The Appointment letter was issued subject to verification of genuineness of the mark sheets from the respective boards and schools and in case the same were found to be forged their appointment were liable to be terminated.
Learned counsel for petitioner submits that petitioner joined the service in the year 1979. He was posted as Superintendent of Post offices Motihari from 5.8. 2008 to 14.7.2011 and thereafter he was transferred and lastly superannuated from service on 31.7.2014.
As per FIR, the prosecution case, in brief, is that petitioner while functioning as Superintendent of Post, Motihari, during the period 2009-12, entered into criminal conspiracy with Ram Naresh Thakur, Sri Manish Kumar, Sri Sanjay Paswan and unknown others, and, in furtherance of said criminal conspiracy and by abusing his official position, appointed Sri Ram Naresh Thakur as GDS, BPM, Laukhan B.O., Sri Manish Kumar as GDS BPM, Kaithwalia B.O and Sri
3/4 Sanjay Paswan as GDS, BPM Sirha BO of Champaran Postal Division, Motihari on the basis of forged Madhyam mark-sheet of Bihar Sanskrit Siksha Board, Patna. Further Madhyama mark-sheet used by Sri Ram Naresh Thakur, Sri Manish Kumar and Sri Sanjay Paswan for obtaining appointment as GDS have been found to be forged and on the basis of said forged marksheets, they got appointment as GDS, BPM in Champaran Postal Division, Motihari in connivance with Sri R.L.Karn, the then Superintendent of Post, Motihari and unknown others. Information also exists that apart from the above named three candidates Sri R.L. Karn has also appointed many other candidates as GDS, BPM on the basis of forged Madhyama mark-sheet of Bihar Sanskrit Shiksha Boad, Patna.
As such, there is general and omnibus allegation against the petitioner that he has appointed candidates as GDS, BPM on the basis of forged Madhyama mark-sheet of Bihar Sanskrit Shiksha Board Patna. It was mentioned in the appointment letter itself that in the event the mark-sheets are found not genuine the appointment shall liable to be cancelled.
Petitioner is in custody since 19.6.2019.
Considering the aforesaid, let the petitioner, above
4/4 named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Spl. Judge, CBI-II, Patna in connection with R. C. case no. 4/15 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T