Uma Shankar Kumar v. The Union Of India Through C.B.I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55665 of 2018 Arising Out of PS. Case No.-3 Year-2013 Thana- C.B.I CASE District- Patna ====================================================== Uma Shankar Kumar Son of Sant Lal Mahto Resident of Village - Akbarpur, P.S. Kalyanpur, District Samastipur.

... ... 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,Cbi) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in special case no. 4/13 arising out of C.B.I./ACB/R.C. 3(A)/2013 instituted for the offence under Section(s) 120B, 420/468 and 471 Indian Penal Code and Section 13(2) r/w Section 13(1)(d) of Prevention of Corruption Act. ,1988.

Petitioner is not named in the FIR.

The allegation in the FIR is that petitioner in connivance with postal authorities on the basis of fake and forged certificate issued by Bihar Sanskrit Siksha Board, Patna,

Patna High Court Cr.Misc. No.55665 of 2018(2) dt.20-09-2018 2/3 appointed candidates as Gramin Dak Sevak. Charge sheet was submitted against this petitioner levelling allegation that he in conspiracy with Ram Lal Singh, who is Superintendent of Post office Sitamarhi, has made appointment on the basis of fake certificate issued by the Board.

Learned counsel for the CBI has argued that charge sheet has already been submitted against this petitioner. Counsel for petitioner has submitted that petitioner voluntarily surrendered in the Court on 10.8.2018. He is languishing in custody since 10.8.2018. The investigation has been completed and charge sheet has also been submitted. He will remain present on every date of trial. Considering the aforesaid, let the petitioner, above 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 Special Judge, CBI II, Patna, in connection with Special case no. 04/13, R.C Case no. 3(A) of 2013 subject to the condition that both the bailors shall be the close relative of the petitioner. The petitioner will remain present on every date of trial and absence of petitioner on two consecutive date without valid reason will amount to cancellation of his bail bond. The petitioner will not try to

Patna High Court Cr.Misc. No.55665 of 2018(2) dt.20-09-2018 3/3 tamper or intimidate the witnesses during trial. (Sanjay Priya, J) shyambihari/- U T