Jyoti Narayan Prasad Rai v. The Central Bureau Of Investigation Through The Director, Patna

Patna High Court Cr.Misc. No.33157 of 2017 (4) dt.22-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33157 of 2017 Arising Out of PS.Case No. -12 Year- 2016 Thana -C.B.I CASE District- PATNA ======================================================

1. Jyoti Narayan Prasad Rai Son of Late Yogendra Prasad Roy, R/o VillageHarishankarpur, P.O.- Jaintpur, P.S.- Paroo, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The Central Bureau of Investigation Through The Director, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amish Kumar Jha For the Opposite Party/s : Mr. Sanjay Kumar (Sc,Cbi) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Special Case No. 6 of 2016 (R.C..12A of 2016), disclosing offences under Sections 120B, 420, 468 and 471 of the Indian Penal Code read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner was appointed on the post of Gramin Dak Sevak in the year 2011 after due verification of his all academic certificates and still he has been discharging his duties without facing any departmental

Patna High Court Cr.Misc. No.33157 of 2017 (4) dt.22-09-2017 proceeding. The petitioner has validly obtained his Madhyama and Intermediate degree, which is evident form annexure-2 and 3 respectively, and authenticity of the same certificates are subject to outcome of trial and non-grant of bail will jeopardize the career of the petitioner. Moreover charge sheet has already been submitted in this case. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, CBI, Court-II, Patna, in connection with Special Case No. 06 of 2016 (R.C.12A of 2016), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T