Allowed

Chandan Kumar v. the Union of India, through the Superintendent of Police. C .B.I., a.C.B., Patna

Patna HC5 Apr 2019CR. MISC./17898/2019

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in a CBI/ACB case alleging procurement of post via fake certificates. The order conditions release on surrender within six weeks, furnishing bonds, and following trial court conditions.

What did the court decide?

Anticipatory bail granted upon surrender within six weeks, furnishing bail bonds of Rs.10,000 with two sureties, subject to conditions.

Chandan Kumar Vs the Union of India, through the… — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17898 of 2019

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Arising Out of PS. Case No.-4 Year-2013 Thana- C.B.I CASE District- Patna

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

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Chandan Kumar Son of Sh. Guneshwar Singh Resident of Village - and P.O.Gaopur, Via Ujiyarpur, Distt.- Samastipur.

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... ... Petitioner/s

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Versus

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The Union of India, through The Superintendent of Police. C .B.I., A.C.B., Patna Govt. of India.

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... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr.Vasudeo Ram For the CBI : Mr.Bipin Kumar Sinha ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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2 05-04-2019

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Heard learned counsel for the petitioner and learned APP for the State.

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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.

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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.

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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

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Patna High Court CR. MISC. No.17898 of 2019(2) dt.05-04-2019 2/2

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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 has been granted anticipatory bail by this court vide order dated 17-01-2019 passed in Cr. Misc. No. 68006 of 2018.

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On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

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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.

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(Sudhir Singh, J)

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A.K.V.//-

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U T

Chandan Kumar v. the Union of India, through the Superintendent of Police. C .B.I., a.C.B., Patna

Case brief

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Chandan Kumar v. the Union of India, through the Superintendent of Police. C .B.I., a.C.B., Patna

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