Advocate Clerk B.K. Rai @ Brij Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34800 of 2014 Arising Out of PS.Case No. -120 Year- 2014 Thana -SHEOHAR District- SHEOHAR ====================================================== Advocate Clerk B.k. Rai @ Brij Kishore Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-02-2015 Heard both sides.

The petitioner apprehends his arrest in Sheohar P.S.Case No.120 of 2014, registered for the offences punishable under Sections 420,465 and other Sections of the Indian Penal Code. The gist of the allegation that that petitioner being an Advocate Clerk put the signature of Sanjay Kumar Sahani, Advocate on the petition filed under Section 317 of the Cr.P.C. It is submitted that the petitioner did not forge signature of the learned Advocate rather he entrusted the petition to his junior and his junior filed the petition under Section 317 of the Cr.P.C in the Court.

Considering the facts that there is very specific allegation against the petitioner that he forged the signature of an Advocate, namely, Sanjay Kumar Sahani and filed the petition in Court, I am

Patna High Court Cr.Misc. No.34800 of 2014 (2) dt.23-02-2015 not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. If the petitioner surrenders in the court below, i.e., CJM, Sheohar, the court below shall consider the prayer for regular bail of the petitioner taking into consideration the facts that petitioner is an Advocate Clerk on its own merit without being prejudiced by the order of this Court. (Prabhat Kumar Jha, J) B.Kr./- U T