Sanjeev Kumar v. The Union Of India Through Superintendent Of Police, C.B.I., A.C.B., Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64523 of 2019 Arising Out of PS. Case No.-4 Year-2013 Thana- C.B.I CASE District- Patna ====================================================== SANJEEV KUMAR Son of Late Maheshwar Yadav Resident of Ward No.7, Brahmsthan Tol Paridah, P.S.- Hasanpura Sugar Mill, District- Samastipur. ... ... Petitioner/s

Versus

THE UNION OF INDIA THROUGH SUPERINTENDENT OF POLICE, C.B.I., A.C.B., PATNA Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasudeo Ram For the Opposite Party/s :

Mr.Bipin Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending his arrest in R.C. Case no. 04(A)/ 2013 corresponding to T.R. No. 27/2018 registered under sections 420, 467, 468, 471, 477A, 120B of the IPC read with sections 13(2), 13( 1) (d ) of Prevention of Corruption Act.

It is submitted by counsel for the petitioner that allegation is that he applied for contractual engagement as Gramin Dak Sewak on fake certificate.

Counsel for the petitioner submits that petitioner has no criminal antecedent and investigation is in fact, complete. Referring to Annexure 4 of bail application i.e. order dated 04.04.2019 passed in Cr. Misc. no. 17123/2019, it is submitted that other similarly situated co-accused have been granted privilege of anticipatory bail.

Patna High Court CR. MISC. No.64523 of 2019(3) dt.20-11-2019 2/2 Learned A.P.P has opposed the prayer for anticipatory bail. Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Special Judicial Magistrate, Muzaffarpur in R.C. Case no. 04(A)/ 2013 corresponding to T.R. No. 27/2018 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T