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Patna High CourtCR. MISC./19756/2015rejected

Satyendra Prasad v. The State Of Bihar

2015-08-18Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19756 of 2015 Arising Out of PS.Case No. -195 Year- 2003 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Satyendra Prasad S/o Late Lakhan Prasad R/o Surajpura - Tisbara, P.S.- Tajpur, Dist.- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate. For the Opposite Party/s : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 18-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation and the materials which have surfaced in course of investigation against the petitioner pertaining to an allegation for an offence under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code, this Court will not be inclined to grant privilege of anticipatory bail to the petitioner primarily by taking into account that no one else had gained from appointment of the petitioner allegedly made but the petitioner himself which ultimately was found to be paid on forged and fabricated documents.

Thus, when the petitioner also does not deny this fact in the bail application that such appointment was never made and the petitioner had never sought his appointment for the post in question, the obvious conclusion will be that anything which was

Patna High Court Cr.Misc. No.19756 of 2015 (2) dt.18-08-2015 2/2 done on the basis of forged documents on a tacit and/or direct involvement of the petitioner.

That being so, the prayer for anticipatory bail of the petitioner is hereby rejected, but then nothing said in this order shall come in the way of the petitioner in surrendering and making prayer for regular bail which will be decided on its own merits. (Mihir Kumar Jha, J) Sujit/- U