Harishchandra Kumar v. The Union Of India Through C. B. I.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48903 of 2018 Arising Out of PS.Case No. -3 Year- 2013 Thana -C.B.I CASE District- PATNA ====================================================== Harishchandra Kumar, S/o Nemdhari Sah, R/o Vill. - Bisahi, P.O. - Mali Pokhar Bhinda, P.S.- Sheohar, District - Sheohar. .... .... Petitioner/s
Versus
The Union of India through C. B. I.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate For the Opposite Party/s : Mr. Sanjay Kumar, (SC,CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Tr. No. 20 of 2017 arising out of C.B.I. R/C 03(A) of 2013 for the offences instituted under Sections 420, 468 and 471 of the Indian Penal Code.
The prosecution story, in brief, is that on the basis of reliable information to the effect that Gramin Dak Sewak (GDS) had been appointed in the Post Offices under the jurisdiction of Superintendent of Post, Sitamarhi on the basis of fake education testimonial issued by Bihar Sanskrit Shiksha Board in utter disregards to the laid down rules of the Postal Department during the period 2008-2012, initially, in the names of 17 candidates, the First Information Report was lodged on the basis of preliminary
Patna High Court Cr.Misc. No.48903 of 2018 (2) dt.24-09-2018 2/3 enquiry, which revealed that these certificates have actually not been issued by the said Board and, thus, the certificates are fake and forged and on the basis of fake and forged certificate, the accused persons in connivance with the postal authority got appointed as Gramin Dak Sewak (GDS).
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. It has further been submitted on behalf of the petitioner that he is ready to deposit an amount of Rs.50,000/- in the court below, which shall be subject to the final disposal of the case.
On behalf of the Central Bureau of Investigation, it has been submitted that the petitioner had sought for an appointment on the basis of a fake certificate. Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.50,000/- (Rupees Fifty Thousand) in the court below, which shall be subject to the final disposal of the case and on doing so, let the petitioner above-named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Tr. No. 20 of 2017 arising out of C.B.I. R/C 03(A)/2013 on furnishing bail bond
Patna High Court Cr.Misc. No.48903 of 2018 (2) dt.24-09-2018 3/3 of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, C.B.I., Muzaffarpur, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Birendra Kumar, J) Kundan/- U T