IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31467 of 2009 RAHUL KUMAR Versus STATE OF BIHAR THRU.C.B.I. ----------- 2 5.10.2009 Heard Counsel for the petitioner and the Counsel appearing for Central Bureau of Investigation. Petitioner though not named in the First Information Report but subsequently was charge-sheeted after four years of the institution of the case. Allegation against him is that being close associate of one Dr. Rajiv Babu, he booked prospective candidates and also made arrangements for assemblance of the candidates to memorize solved question papers during night and hand over solved answer-books in the morning. Further allegation is that after results were declared, petitioner collected money from the successful candidates/their guardians as per the deal fixed on behalf of accused Dr. Rajeev Babu. Counsel for the petitioner submits that the allegations are false and fabricated. He himself was a candidate of PMT/PDT-2003 but could not be declared successful in the examination. Had he assisted the accused persons in securing the position then there was no reason for him of being an unsuccessful candidate in the examination. Considering the fact that investigation is complete, charge- sheet submitted and there is no apprehension that the petitioner either will tamper the witnesses which will affect the investigation, his prayer for anticipatory bail is allowed. Let petitioner above named surrender before the Court below within a period of four weeks from today, when he shall be enlarged on anticipatory bail on furnishing - 2 - bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, C.B.I, South Bihar, Patna in connection with Special Case No. 13 of 2003 arising out of R.C. No. 24(A)/2003-PAT, subject to the conditions as laid down under Section 438(2) Cr.P.C. Petitioner will have to assist the investigating agency, if he is called or noticed for that. He will appear and participate regularly during the trial on each and every day. In case of their absence during the trial, without seeking any permission from the Court or without showing sufficient reasons for his absence for a single day’s his bail bond shall be cancelled. (Mridula Mishra,J.) A.Kumar