Allowed

Sanjay Paswan v. State Of Bihar and Anr.

Patna HC25 Apr 2018CR. MISC./21304/2018

Case brief

AI extract

What is this about?

The High Court at Patna, in an oral order, granted bail to the petitioner charged under the IPC and Prevention of Corruption Act. The court rejected earlier bail objections, noting the petitioner's innocence claim and undertaking to appear in court.

What did the court decide?

Petitioner enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of similar amount, subject to conditions of appearing in court and former bond constraints.

Sanjay Paswan Vs State Of Bihar and Anr. — Corruption | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21304 of 2018

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Arising Out of PS.Case No. -4 Year- 2015 Thana -C.B.I CASE District- PATNA

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======================================================

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Sanjay Paswan, Son of Hiraman Paswan, Resident of Village- Kritpur Mathiya, Areraj, Police Station- Harsidin, District- East Champaran.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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The Central Beureau of Investigation through its Director, New Delhi.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Narsingh Tanti

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====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

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3 25-04-2018 Heard learned counsel for the petitioner, learned counsel for the C.B.I. and learned APP for the State.

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Petitioner had earlier moved for bail which was rejected vide order dated 09.11.2017 passed in Cr. Misc. No. 37962 of 2017.

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Petitioner is languishing in judicial custody since 15.06.2017 in connection with Special Case No. 02 of 2015 arising out of R.C. Case No. 4 (A) of 2015 for offences punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Section 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988.

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The prosecution case, as lodged by the Additional Superintendent of Police, CBI, ACB, Patna is that while the

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Patna High Court Cr.Misc. No.21304 of 2018 (3) dt.25-04-2018

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Superintendent of Post, Motihari, co-accused R.L. Karan while functioning in his office got large number of persons appointed to the post of GDS, BPM on the basis of forged madhyama marksheet obtained and issued by the Bihar Sanskrit Siksha Board, Patna.

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It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and was not aware that his madhyama certificate was a forged one. It is submitted that the petitioner has already been punished enough as after custody his functioning as a Gramin Daak Sewak is under cloud and he undertakes to cooperate in the trial on day to day basis providing all necessary papers and information and agrees not to tamper with the witnesses.

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However, learned counsel for the CBI submits that during investigation the madhyama certificate/mark-sheet was found to be forged and fabricated.

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Learned APP for the State also opposes the prayer for bail.

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Considering the facts and circumstances and the materials on record as well as the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount

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Patna High Court Cr.Misc. No.21304 of 2018 (3) dt.25-04-2018

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each to the satisfaction of learned Special Judge, C.B.I., II, Patna in connection with Special Case No. 02 of 2015 arising out of R.C. Case No. 4 (A) of 2015, subject to the conditions that:

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(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

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(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

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(Nilu Agrawal, J)

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Devendra/-

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U T

Sanjay Paswan v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Sanjay Paswan v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

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