Chandan Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40228 of 2018 Arising Out of PS.Case No. -4 Year- 2013 Thana -C.B.I CASE District- MUZAFFARPUR ======================================================

1. Chandan Kumar Singh, son of Sanjay Kumar Singh, Resident of Village and Post- Godhiyari, Police Station- Bishanpur, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The CBI, Patna Bihar.

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

For the Petitioner/s : Mr. Parashuram Singh, Adv. For the Opposite Party/s : Mr. Sanjay Kumar, SC/CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with R.C.Case no.04(A)/2013, Tr. No.27 of 2018 , registered for offences punishable under Sections 420, 467, 468, 471, 477(A) of the Indian Penal Code and Section 13(3) r/w 13(I)(d) of P.C. Act. Allegation against the petitioner is of getting appointment on the basis of forged certificates.

Submission of the learned counsel for the petitioner is that the petitioner has been appointed by the appointing authority after proper verification of the certificates, the appointing authority has been let off and the petitioner has been made scapegoat in this case in spite of being also not named in the FIR. Heard learned A.P.P. and the learned counsel for the C.B.I. They have opposed the prayer for bail on the ground that his

Patna High Court Cr.Misc. No.40228 of 2018 (4) dt.26-07-2018 2/2 certificates were found forged on verification from the authority concerned and as such they are also liable for action . Having heard both sides and in view of the facts and circumstances that the person who has appointed him has been made let off by the C.B.I and the petitioner has been made accused in this case and in such view of the matter, let the petitioner, above named, also in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, C.B.I., Muzaffarpur in connection with R.C.Case No.04(A)/2013, Tr. No.27/2018 subject to condition as laid down under Section 438

(2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T