Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78464 of 2018 Arising Out of PS. Case No.-353 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Kumar Jha S/o Bhavdeo Jha R/o Navtole,P.S. Jhanjharpur (R.S Shivir),Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Mohan Mishra For the Opposite Party/s :

Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-01-2019 This is an application for grant of anticipatory bail in connection with Nagar (Begusarai) P.S. Case No. 353 of 2018, disclosing offences under Sections 420, 467, 468 and 471 of the Indian Penal Code.

Allegation against the petitioner is that he got two tankers transferred from Haryana to Begusarai and on verification it is found that those numbers is actually of motorcycles of Haryana and thereafter petitioner was asked to surrender those tankers and the case of forgery has been lodged against the petitioner.

Submission of learned counsel for the petitioner is that no enquiry was made at Haryana with respect to the allegation that those numbers are belongs to motorcycles and without proper enquiry, the petitioner has been made accused in

Patna High Court Cr.Misc. No.78464 of 2018(2) dt.09-01-2019 2/2 this case. Further submission is that the earlier petitioner had lodged a case with respect to the order passed by the Transport Department in C.W.J.C. No.12404 of 2018 and the order of the Transport Department was stayed vide order dated 03.08.2018 and no case is made out under Section 467, 468 and other sections of IPC.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioner stating that there is allegation of forgery against the petitioner and further submission is that the petitioner has filed interlocutory application for withdrawal of C.W.J.C. No.12404 of 2018.

Having heard both sides, considering the above facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T