Patna High CourtCR. MISC./32417/2017bail granted

Pramod Kumar v. The Central Bureau Of Investigation Through Superintendent Of Police, C. B. I. Acb , Patna

2017-09-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32417 of 2017 Arising Out of PS.Case No. -1 Year- 2015 Thana -C.B.I CASE District- PATNA ======================================================

1. Pramod Kumar, son of Ambika Prasad, resident of villageMakhdumpur, P.O.- Bhagosa Makhdumpur, Via- Tarwan, P.S.- Wazirganj, District- Gaya.

.... .... Petitioner/s

Versus

1. The Central Bureau of Investigation through Superintendent of Police, C. B. I. (ACB ), Patna.

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

For the Petitioner/s : Mr. Kinkar Kumar, Advocate For the Opposite Party/s : Mr. Bipin Kumar Sinha, SC, CBI ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 20-09-2017 Heard learned counsel for the petitioner and learned Standing Counsel for the CBI.

Petitioner apprehends his arrest in CBI/ACB P.S. Case No.RC0232015A0001/2015 instituted for the offence under Section(s) 420, 467, 468, 120-B Indian Penal Code and Sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act. It is alleged that petitioner got employment on the post of GDS, BPM, Bhagosa Makhdumpur, BO of Nawada postal Division, on the basis of incorrect mark-sheet submitted by him.

Counsel for the petitioner has submitted that one of the co-accused has been granted anticipatory bail by this Court vide order dated 07.09.2017 passed in Cr. Misc. No.39977 of 2017.

Patna High Court Cr.Misc. No.32417 of 2017 (3) dt.20-09-2017 2/2 Counsel for the CBI has appeared and opposed the prayer of bail.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with CBI/ACB P.S. Case No.RC0232015A0001/2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judicial Magistrate, CBI I, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.