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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52679 of 2018 Arising Out of PS.Case No. -4 Year- 2013 Thana -C.B.I CASE District- MUZAFFARPUR ======================================================

1. Prem Kumar Son of Deo Krishna Singh, Resident of Village- Gowpur, Police Station Ujiyarpur, District- Samastipur. .... .... Petitioner/s

Versus

1. The Union of India, Through C. B. I., Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Bipin Kumar Sinha (SC,CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 467, 468, 471 and 477-A of the Indian Penal Code and Section 13(2) read with 13(1)(and 3⁄4 of Dowry Prohibition Act) of the Prevention of Corruption Act. The prosecution case, in brief, is that on verification, the certificates, issued by Sanskrit Shiksha Board, Patna were found to be forged.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case due to mistake of fact. The appointment of the petitioner was made after proper verification by the competent authority and only after verification,

Patna High Court Cr.Misc. No.52679 of 2018 (2) dt.11-09-2018 the petitioner was permitted to join on the post of Gramin Dak Sewak. The other co-accused namely, Chandan Kumar Singh and Ragini Kumari, have been granted anticipatory bail by a coordinate bench of this court vide orders dated 26-07-2018 and 18-07-2018 passed in Cr. Misc. Nos. 40228 of 2018 and 39439 of 2018 respectively.

Counsel for CBI has opposed the prayer for bail on the ground that the certificates submitted by the petitioner for appointment on the post of GDS was found to be forged. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Muzaffarpur in connection with RC Case No. 04(A)/2013 corresponding to Tr. No. 27 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T