Patna High CourtCR. MISC./50306/2017rejected

Pradeep Kumar Shukla v. The State Of Bihar

2017-12-14Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50306 of 2017 Arising Out of PS. Case No.-106 Year-2017 Thana- GOPALPUR District- West Champaran ====================================================== Pradeep Kumar Shukla, S/o Rajendra Shukla, R/o Pakadihar, P.S.- Chanpatiya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. SRI SATYADEV PRASAD SINGH YADAV ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Gopalpur P. S. Case No. 106 of 2017 registered for the offences punishable under Sections 467, 468, 471, 420, 406, 409 of the Indian Penal Code.

Allegedly, the petitioner got payment of Panchayat Teacher on the basis of forged certificate of C.T.E.T. Submission is of false implication and that the service of the petitioner has been terminated against which the petitioner has filed Appeal No. 84 of 2017 before the State Appellate Authority. The petitioner has not produced forged certificate rather the certificate produced by the petitioner is genuine one and in such type of cases pre-arrest bail has been granted by

Patna High Court Cr.Misc. No.50306 of 2017(3) dt.14-12-2017 2/2 this Court vide Cr. Misc. No. 42277 of 2016 on 05.10.2016 and as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of pre-arrest bail by submitting that the petitioner has produced forged certificate. In the facts and circumstances stated above, considering the allegation attributed against the petitioner, this Court is not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly, his such prayer stands rejected. However, the petitioner, if so advised, surrenders and seeks regular bail then, his prayer of regular bail shall be considered on its own merit without being prejudiced by the present order preferably on the same day.

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