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Ajay Kumar vs Central Bureau Of Investigation, … on 2 March, 2017

IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49680 of 2016
Arising Out of PS.Case No. -6 Year- 2014 Thana -C.B.I CASE District- PATNA

1. Ajay Kumar son of Late Ram Jatan Paswan resident of Kaushal Nagar,
House No: 172, Polo Road, P.S Hawaiadda, Town + District-Patna

…. …. Petitioner/s
Versus
1. Central Bureau of Investigation, S C B, Patna

…. …. Opposite Party/s

Appearance :
For the Petitioner/s : Mr. P.N. Shahi,
Mr. Patanjali Rishi
For the Opposite Party/s : Mr. Sanjay Kumar, S.C. CBI.

CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER

9 02-03-2017 The petitioner is apprehending his arrest in connection

with CBI/SCB/Patna R..C. 0922014S0006/14, registered for

offences punishable under Sections 120B, 420, 467, 468 and 471

of the Indian Penal Code.

Allegation against the petitioner is that he and other two

accused persons, secured appointment in income tax department,

by producing forged castes certificates of schedule castes and

scheduled tribes, thereafter the matter was enquired and initially

charge-sheet was submitted only against other two accused

persons in the year 2015 but later on charge-sheet under Section

420 against this petitioner was also submitted in the year 2016.

It has been submitted on behalf of the petitioner that the

petitioner was provided employment only after necessary

verification of his castes certificate, as he never concealed the fact
Patna High Court Cr.Misc. No.49680 of 2016 (9) dt.02-03-2017

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that the petitioner was originally not of scheduled caste but later

on by virtue of adoption became a scheduled caste and the factum

of adoption of the petitioner including the registered deed of

adoption executed by his adoptive father was very much in the

knowledge of the appointing authority. It has also been submitted

that Section 12 of Hindu Adoptions and Maintenance Act, 1956 is

very clear that the caste of the adopted child will be governed by

the adoptive father only. It has also been submitted that uptil now,

no proceeding has been initiated against the petitioner and he is

still in service though against other two accused persons, same

was initiated and after enquiry, they had been dismissed from

service.

Learned counsel appearing on behalf of Central Bureau

of Investigation opposed the prayer for bail and submitted that the

petitioner including other two persons secured the appointment in

income tax department by producing forged castes certificates, for

which charge-sheet has been filed against all the three accused

persons under Section 420 of the Indian Penal Code and the bail

application of other two accused persons have already been

dismissed by this Court vide order dated 03.08.2016 passed in

Criminal Miscellaneous No. 19362 of 2016 and 21467 of 2016

respectively, which has been affirmed by the Hon’ble Apex Court

as well. As regards the adoption certificate, the same cannot be
Patna High Court Cr.Misc. No.49680 of 2016 (9) dt.02-03-2017

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relied upon as the deed of adoption was executed after the age of

fifteen years, which is not permissible in the eye of law. It has

further been submitted that materials collected during

investigation shows that the petitioner all along has been living

with his biological parents and only to get the job, he has produced

the forged caste certificate of Scheduled Caste community and he

has also not married in scheduled caste.

Having heard both sides, considering the fact that the

petitioner was appointed in the Income Tax Department in the

year 1989 and at the time of appointment, all the verifications

including the caste of the petitioner was made and the department

was fully aware of the fact that though the petitioner originally

belonged to OBC category but by virtue of adoption, he was

appointed in the category of Scheduled Castes, therefore, it is not

so that the petitioner concealed or suppressed any material fact

with regard to his caste and he was appointed after due enquiry.

The petitioner is still in service and no departmental proceeding

has been initiated against him. So far the cases of other two

accused persons are concerned, their cases are different from the

petitioner as after enquiry and proceeding, they have been

dismissed from service.

In view of the above, petitioner, above named, in the

event of his arrest or surrender before the court below within a
Patna High Court Cr.Misc. No.49680 of 2016 (9) dt.02-03-2017

4/4

period of six weeks from the date of receipt/production of a copy

of this order, be enlarged on bail on furnishing bond of Rs. 25,000

(Rs. Twenty Five Thousand) with two sureties of the like amount

each to the satisfaction of learned Special Judicial Magistrate,

C.B.I.-I, Patna in connection with CBI/SCB/Patna R..C.

0922014S0006/14, subject to the conditions as laid down under

Section 438(2) of the Cr.P.C.

This is further subject to the condition that:-

(i) One of the bailors of the petitioner shall be a

local person having sufficient immovable

property within the jurisdiction of the

concerned Court.

(ii) The petitioner shall cooperate in the trial and

make himself available as and when required

by the court and on the event of failure on

his part two appear before the court on two

consecutive dates without showing any

genuine reasons, the prosecution will be free

to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J)

sunil/-

U T

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