Patna High CourtCR. MISC./4302/2023bail rejected

Dinesh Chaudhary v. The State Of Bihar

2023-05-16Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4302 of 2023 Arising Out of PS. Case No.-446 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== DINESH CHAUDHARY S/o Vinod Kumar @ Vinod Chaudhary R/o VillageBeshwak, P.S.- Islampur, Distt- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2023 Heard Mr. Ajay Mukherjee, learned counsel for the petitioner and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Islampur PS Case No. 446/2021 dated 27.08.2021 registered for the offence punishable under Sections 304(B), 201/34 of the IPC.

3. First Information Report has been lodged on the basis of fact that the petitioner produced certificate of BETET/CTET at the time of counseling and upon verification, the Board declared the certificate produced by the petitioner as forged.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and in fact

Patna High Court CR. MISC. No.4302 of 2023(3) dt.16-05-2023 2/2 he has produced the genuine certificate but the same has been changed. He next submits that before the petitioner was appointed, the present FIR has been lodge.

5. On the other hand, learned counsel for the State submits that the certificate of BETET/CTET produced by the petitioner at the time of counseling was declared to be the forged one by the Board after getting it thoroughly examined.

6. Regards being had to the submissions made by the parties, taking into consideration the fact that the petitioner submitted the forged certificate in order to obtain appointment as teacher, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the petition for anticipatory bail stands dismissed.

8. However, if the petitioner surrenders and seeks regular bail, the learned court below shall consider the same on its own merit without being prejudiced by this order. (Anil Kumar Sinha, J) perwez U T