Om Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69341 of 2018 Arising Out of PS. Case No.-110 Year-2017 Thana- CIVIL LINE District- Gaya ====================================================== Om Shankar Kumar S/o Arvind Kumar @ Arvind Paswan, Resident of Village-Nadwan, P.S.-Dhanarua, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Gaya Civil Lines P. S. Case No. 110 of 2017 dated 22.03.2017 instituted for the offences under Sections 467, 468, 471, 420, 120B and 34 of the Indian Penal Code.

The father of the petitioner was caught by the Deputy Collector (Establishment), Gaya with a forged appointment letter of the petitioner i.e. his son. An attempt was made by the father of the petitioner to take back the forged appointment letter, but he could not succeed.

Patna High Court Cr.Misc. No.69341 of 2018(2) dt.19-12-2018 2/3 Learned counsel for the petitioner has submitted that the father of the petitioner has already been granted regular bail.

In defence of the petitioner, it has been argued, that only the forged letter in favour of the petitioner was presented by his father before the Collectorate. The petitioner was not arrested on the spot and for this reasons he ought to be granted anticipatory bail.

The grounds urged by the petitioner are not tenable. The petitioner is not a minor and therefore he must have been aware that forged appointment letter in his name was obtained. It is unfortunate that the father of the petitioner, who actually was working for his son landed himself in jail. There is no reason why this Court should grant anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected. However, if petitioner surrenders before the court below and seeks bail within a period of four weeks from today, the court below shall take into account the totality of the circumstances and shall pass orders in accordance with

Patna High Court Cr.Misc. No.69341 of 2018(2) dt.19-12-2018 3/3 law without being prejudiced with the fact that the present petition has not been entertained.

(Ashutosh Kumar, J) skm/- U