Jaiprakash Kumar v. The Central Bureau Of Investigation

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69676 of 2023 Arising Out of PS. Case No.-14 Year-2016 Thana- C.B.I CASE District- Patna ====================================================== Jaiprakash Kumar Son Of Jai Narayan Prasad Resident Of VillageChandrahiya, Ps- Kudhani, Distt- Muzaffarpur ... ... Petitioner/s

Versus

THE CENTRAL BUREAU OF INVESTIGATION BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate For the Opposite Party/s :

Mr. Avanish Kumar Singh, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2024 Heard learned Senior Counsel for the petitioner and learned Special P.P. for the CBI, Mr. Avanish Kumar Singh.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 120B, 420, 468, 471 of the IPC and Section 13(2) read with Section 13(1)(D) of the Prevention of Corruption Act in connection with RC 14(A) of 2016.

3. The learned Senior Counsel for the petitioner at the outset submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case.

4. It is next submitted that the case was handed over to the CBI for investigation under orders of this Court. It is also submitted that during the course of investigation the petitioner cooperated with the CBI and also appeared as and when

Patna High Court CR. MISC. No.69676 of 2023(7) dt.07-08-2024 2/3 required. It is further submitted that CBI has already submitted charge sheet in the instant case and never felt the need of arresting the petitioner during the course of investigation, as such now no useful purpose would be served by sending the petitioner to jail. It is further submitted that in sum and substance the allegation against the petitioner is that he obtained appointment as GDS based on fake Madhayama certificate.

5. The learned counsel appearing on behalf of the CBI does not dispute the said submission of the learned Senior Counsel for the petitioner that charge sheet has been submitted and petitioner during the course of investigation cooperated in the investigation.

6. Since petitioner cooperated in the investigation and charge sheet came to be submitted, as such petitioner in the event of arrest in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand with two sureties of the like amount each to the satisfaction of the learned Special Judge, CBI, Muzaffarpur in connection with RC 14(A) of 2016, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. However, it is made clear that if the learned trial

Patna High Court CR. MISC. No.69676 of 2023(7) dt.07-08-2024 3/3 court comes to a conclusion that petitioner after being released on bail is trying to delay the trial in any manner, in that event, the trial court would be at liberty to cancel the bail bonds of the petitioner after recording reasons.

(Satyavrat Verma, J) Prakash Narayan U T