Pradeep Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58247 of 2022 Arising Out of PS. Case No.-48 Year-2022 Thana- KOTWALI District- Patna ====================================================== PRADEEP PRASAD Son of Sri Ram Dhani Rai Resident of Village - Karai, Police Station - Naubatpur, District - Patna. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Registrar General, Patna High Court, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan Prasad No. 1, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State. No one appears for the High Court. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 469, 471 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant (Deputy Registrar-cum-Assistant Registrar I/c, Legal Cell of the Patna High Court) alleges that accused petitioner along with coaccused persons are Advocate Clerks and are committing serious offences like using counterfeit e-court fee stamp of different denominations in different MJC cases filed in the Hon'ble Patna High Court, further the Stamp Reporters while
Patna High Court CR. MISC. No.58247 of 2022(8) dt.23-05-2023 2/3 making stamp report of the respective cases doubted the genuineness of the e-court fee stamp through their office notes and reported that the same needs to be verified from SHCIL counter.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence, it is next submitted what is not in dispute rather stands admitted is that the petitioner is an Advocate Clerk attached to a learned lawyer of this Court. It is further submitted that a Clerk who is attached to a learned lawyer of the Court and files cases cannot even in wildest of his dream can think of committing such heinous offence. Learned counsel submits that the allegations may be true but then the issue is whether the petitioner deliberately purchased counterfeit e-court fee stamp or the e-court fee stamp which were stamped on the respective petitions were forged and fabricated on which the petitioner had absolutely no control. It is next submitted that the matter is under investigation and the police till date has not arrested the petitioner, it is further submitted that petitioner will not abscond rather will cooperate in the investigation and will present himself as and when required by the police for questioning.
Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.58247 of 2022(8) dt.23-05-2023 3/3 anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kotwali P.S. Case No. 48 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
In the event, if the petitioner despite giving undertaking to this Court does not cooperate in the investigation, then the anticipatory bail granted to the petitioner shall be liable to be cancelled.
(Satyavrat Verma, J) Rishi/- U T