Manoj Kumar Gaurav @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1946 of 2017 Arising Out of PS.Case No. -256 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. MANOJ KUMAR GAURAV @ MANOJ KUMAR, Son of Badri Paswan, resident of village - Fakuli, P.S. Kudhani, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Kudhani P.S. Case No. 256 of 2016 for the offences punishable under sections 420, 465, 467, 468 and 471 of the I.P.C.

Allegedly, the petitioner enclosed certificate of Up Shastri issued by Kameshwar Singh Darbhanga Sanskrit Vishwavidayalaya having roll no. 4052, year 2004, marks 463 which after verification was found forged as on that roll number Chunchun Kumari was enrolled and she has appeared in the examination and not the petitioner.

Submission is that the petitioner has never attached that certificate with his application, he was appointed on the basis

Patna High Court Cr.Misc. No.1946 of 2017 (3) dt.09-02-2017 2/2 of the matriculation certificate and he has passed Up Shastri in the year 2008 from Kameshwar Singh Darbhanga Vishwavidayalaya in First Division and has obtained 622 marks out of 1000 marks, vide Annexure-7, in the year 2006, the petitioner has applied on the basis of the matriculation certificate, vide Annexures- 6 series, at page 32 and as such the petitioner being falsely implicated deserves sympathetic consideration.

The learned A.P.P. submits that the petitioner has deposited earlier the certificate of the year 2004 of Kameshwar Singh Darbhanga Sanskrit Vishwavidhayalaya which was found forged.

In the facts and circumstances as stated above, considering that the petitioner till 2006 has applied for his reappointment on the basis of the matriculation certificate only and as such the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. J.M. 1st Class, Muzaffarpur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T