Ram Naresh Mahto v. The Union Of India Through The S.P. Central Bureau Of Investigation, A.C.B. Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68178 of 2019 Arising Out of PS. Case No.-4 Year-2013 Thana- C.B.I CASE District- Muzaffarpur ====================================================== RAM NARESH MAHTO S/o Sri Narayan Mahto R/o village and P.S.- Khanpur, District- Samastipur ... ... Petitioner/s
Versus
THE UNION OF INDIA THROUGH THE S.P. CENTRAL BUREAU OF INVESTIGATION, A.C.B. PATNA. Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Navnit Kumar For the Opposite Party/s :
Mr.Bipin Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 This application, for grant of anticipatory bail, arises out of R.C. Case No. 04(A)/2013, corresponding to T.R. No. 27/2018 disclosing offences under Sections 420/471 of the Indian Penal Code. Allegation against the petitioner is that on the basis of forged certificate of Sanskrit Shiksha Board, he secured appointment as Gramin Dak Sevak.
Submission of learned counsel for the petitioner is that on the same and similar allegations, several accused persons have been granted the privilege of anticipatory bail by this Court as well as by the different Coordinate Benches of this Court with condition to cooperate in investigation, which will appear from annexure -4 series.
On the other hand, learned counsel appearing on behalf of C.B.I. has submitted that the anticipatory bail application of many
Patna High Court CR. MISC. No.68178 of 2019(3) dt.20-01-2020 2/2 other accused persons have also been rejected by this Court as well as by coordinate Benches of this Court vide order dated 04.11.2019 passed in Cr. Misc. No. 67185 of 2019, vide order dated 16.11.2019 passed in Cr. Misc. No. 62546 of 2019, vide order dated 18.12.2019 passed in Cr. Misc. No. 61611 of 2019 as well as vide order dated 25.08.2018 passed in Cr. Misc. No. 48444 of 2018. Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner has to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below after considering the fact that similarly situated several accused persons have been granted the privilege of anticipatory bail shall dispose of the application of the petitioner for grant of regular bail, if possible on same day, without being prejudiced by this order.
This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T