Shiv Kumar v. Central Bureau Of Investigation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76553 of 2018 Arising Out of PS. Case No.-3 Year-2013 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Shiv Kumar, Son of Late Hussaini Paswan, Resident of Village- Amarghatta, P.S.- Dumara, District- Sitamarhi.

... ... Petitioner/s

Versus

Central Bureau Of Investigation ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ambrish Kumar Jha For the Opposite Party/s :

Mr. Bipin Kumar Sinha (SC,CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 120(B), 420, 467, 468, 477-A, 471 of the Indian Penal Code and 13(2) read with 13(1)(d) of the Prevention of Corruption Act.

The prosecution case, in short, is that the accused persons were appointed on producing fake documents. 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 due to mistake of fact. The petitioner had applied for the post of Gramin Dak Sewak. In pursuance to the advertisement, the petitioner had

Patna High Court Cr.Misc. No.76553 of 2018(2) dt.21-12-2018 2/2 submitted the certificates in question. The Class-X certificate of the petitioner is alleged to be forged. The petitioner has no knowledge of the said certificate being forged. Other coaccuseds have been granted anticipatory bail vide Annexure-4 series to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. 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) each with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I., Muzaffarpur in connection with CBI P.S. Case No. RC03(A)/2013, Tr. No. 20/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T