Patna High CourtCR. MISC./43735/2016dismissed

Madan Mohan Mishra v. The State Of Bihar

2017-01-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43735 of 2016 Arising Out of PS.Case No. -544 Year- 2015 Thana -KOTWALI District- PATNA ====================================================== Madan Mohan Mishra S/o Jagdish Mishra, resident of Village- Hasanpura, P.S.- Beur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 419, 420, 465, 468 and 471 of the Indian Penal Code.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that he has been made accused in the Rajyabhasha Department. It is further submitted that petitioner had handed over the sealed packet of Answer Sheet to another officer, who was present there in absence of Dy. Secretary, namely, Dinesh Kumar. Thereafter, an internal enquiry was conducted and nothing has been found against him.

Heard learned A.P.P. also. He opposed the prayer for anticipatory bail and points out that petitioner had not handed over

Patna High Court Cr.Misc. No.43735 of 2016 (6) dt.17-01-2017 2/2 the sealed packet of answer sheet to any officer in connivance with some other persons for the purpose of doing some fraud. Having heard both sides, in view of the fact stated above I am not inclined to grant anticipatory bail to the petitioner, same is rejected. He may surrender in the court below, i.e., Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case no. 544 of 2015 and make prayer for regular bail which shall be considered on its own merit without being prejudiced by the order of this Court.

The application is dismissed.

(Vinod Kumar Sinha, J) sudip/- U T