Shiv Shakti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25531 of 2016 Arising Out of PS.Case No. -293 Year- 2014 Thana -SHEKHPURA District- SEKHPURA ====================================================== Shiv Shakti Kumar Son of Sri Bindu Prajapati resident of Mohalla - Bageshwary Gumti, Police Station Delha, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shankar Pankaj, Advocate. For the Opposite Party/s : Mr. U.S.P. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2016 Heard both sides.

The petitioner apprehends his arrest in Sheikhpura P.S. Case No. 293 of 2014 registered under Sections 467, 468, 471, 420 of the Indian Penal Code.

The petitioner filed an application for appointment to the post of Hospital Manager along with an experience certificate issued by the Navchetna Vikas Kendra duly affiliated by the Rural Development and Social Welfare Department. The Civil Surgeon, during the course of scrutiny, found the experience certificate filed by the petitioner to be fake and forged. On due deliberation with the District Magistrate, a case was lodged against the petitioner. Learned counsel for the petitioner submits that the prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 08.12.2015 passed in Cr. Misc. No. 49074 of

Patna High Court Cr.Misc. No.25531 of 2016 (3) dt.23-11-2016 2/2 2014 but some new facts have come into picture. The petitioner filed a complaint against the Civil Surgeon about the termination of the selected candidates. The District Magistrate, Sheikhpura took cognizance of the complaint and directed the Civil Surgeon not to entertain entry into the agreement with Saroj Kumar for appointment on the post of Hospital Manager. It is submitted that Saroj Kumar is still working and his service has not been terminated but it appears that it was the petitioner who attached the experience certificate issued by the Navchetna Vikas Kendra and, in course of scrutiny, the same was found to be forged and fake. Even after rejection of the anticipatory bail of the petitioner about a year ago, the petitioner did not surrender in the court below and again filed this Anticipatory Bail Petition. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Sheikhpura P.S. Case No. 293 of 2014. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T