Deepak Kumar v. The Union Of India, Through C. B. I., Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52839 of 2018 Arising Out of PS. Case No.-4 Year-2013 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Deepak Kumar Son of Chandeshwar Jha, resident of Village - Jitwarpur Kumhira, Police Station- Sarairanjan, District Samastipur. ... ... Petitioner/s

Versus

The Union of India, through C. B. I., Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Senior Advocate Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, (SC, C.B.I.) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 477-A of the Indian Penal Code and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act. Allegation against the petitioner is of getting appointment on the basis of forged certificate. Submission of learned counsel for the petitioner is that other co-accused have already been allowed anticipatory bail by this Court.

Learned counsel for the C.B.I. opposed the prayer for anticipatory bail on the ground that verification of

Patna High Court Cr.Misc. No.52839 of 2018(2) dt.17-12-2018 2/2 certificates are done only after appointment of the candidates and on verification the same was found to be forged one. Petitioner has already been removed from the job. 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 a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with RC Case No.04(A)/2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) abhishek/- U T