Patna HC rejected petitioner Shailendra Kumar Mishra's plea for anticipatory bail in an FIR involving alleged misuse of post offices and forged educational certificates, directing surrender to the trial court.
Anticipatory bail rejected; petitioner directed to surrender before the trial court within four weeks.
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Patna High Court Cr.Misc. No.2459 of 2017 (5) dt.18-07-2017
xIN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2459 of 2017
Arising Out of PS.Case No. -8 Year- 2014 Thana -C.B.I CASE District- PATNA
====================================================== Shailendra Kumar Mishra, so of Late Raghubir Mishra, resident of VillagePatore, P.S. Hayagahat, District- Darbhanga.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate. For the Opposite Party/s : Mr. Bipin Kumar Sinha, SC, CBI
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
5 18-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with R.C. No. 8A of 2014, registered under Sections 420, 468 and 471 of the Indian Penal Code and Sections 13(ii) read with Sections 13(i)(d) of the Prevention of Corruption Act, 1988, pending in the court of Special Judge, CBI-II, Patna.
The accusation is that, in course of enquiry, it was found that some candidates were appointed on the post of ‘Gram Dak Seva’ in the District Madhubani on the basis of fake educational certificate issued by the Bihar Sanskrit Sikcha Board, Patna and others institutions.
Patna High Court Cr.Misc. No.2459 of 2017 (5) dt.18-07-2017
Learned counsel for the petitioner submits petitioner
is the Inspector of the Post Office and he is not the appointing authority of the ‘Gram Dak Sevak’ rather the Superintendent of Post Office is the appointing authority of the said post. The petitioner was authorized to verify the certificates of seven candidates but only question was raised in respect to one candidate Rajesh Kumar, whose father’s name was Manoj Kumar but in tabulation register as verified by the petitioner, the parentage of Rajesh Kumar was detailed as Navlesh Prasad. It is further submitted that Rajesh Kumar has applied for correction of the name of his father before the Bihar Sanskrit Sikcha Board, Patna.
On the other hand, learned counsel for the C.B.I. submits that, on enquiry, certificate of 24 candidates, who were appointed on the post of Gram Dak Sevak after verification of the certificate were found forged.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the
Patna High Court Cr.Misc. No.2459 of 2017 (5) dt.18-07-2017
order of this Court.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
2 issues framed by the court
Whether the petitioner is entitled to the grant of anticipatory bail in case of alleged corruption and cheating charges.
Whether the petitioner's claim that he was not the appointing authority affects the grant of anticipatory bail.
2 provisions across 2 enactments
Shailendra Kumar Mishra
The State of Bihar
The Central Bureau of Investigation
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
