Patna High Court - Orders
Ashish Kumar Singh vs The Union Of India, Through The ... on 4 April, 2019
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17123 of 2019
Arising Out of PS. Case No.-4 Year-2013 Thana- C.B.I CASE District- Muzaffarpur
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Ashish Kumar Singh Son of Shardanand Singh Resident of Village and P.O -
Singhia, Distt - Samastipur.
... ... Petitioner/s
Versus
The Union of India, through the Superintendent of Police, C. B. I., A. C. B.
Patna, Government of Inida.
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Vasudeo Ram
For the Opposite Party/s : Mr.Bipin Kumar Sinha
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 04-04-2019Heard 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, 471, 477(A)of the Indian Penal Code, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.
The prosecution case, in brief, is that Gramin Dak Sevaks were appointed on the basis of fake certificate, which were said to be issued by Bihar Sanskrit Shikchha Board but after enquiry, it was detected that the said certificates were not issued by Bihar Sanskrit Shikchha Board.
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 Patna High Court CR. MISC. No.17123 of 2019(2) dt.04-04-2019 2/2 has been made accused in the present case due to mistake of fact. Allegedly, the petitioner had applied for the post of Gramin Dak Sevak with a fake certificate. The other co-accused namely Krishna Kumar Pradhan with similar allegation have been granted anticipatory bail by this court vide order dated 17-01-2019 passed in Cr. Misc. No. 68006 of 2018.
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 Special Judicial Magistrate, Muzaffarpur in connection with CBI/ACB R.C. Case No. 04 of 2013, Special Case No. 05 of 2013 (corresponding to Trial 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.//-
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