Krishnanandan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62547 of 2019 Arising Out of PS. Case No.-418 Year-2019 Thana- MOTIHARI TOWN District- East Champaran ====================================================== KRISHNANANDAN BAITHA Son of Bidhyachal Naitha Resident of Village- Chainpur Dhaka, P.S.- Dhaka, District- East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 467, 471 and 472/34 of the Indian Penal Code, registered in connection with Motihari Town P.S.Case No. 418 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the basis of a complaint that forgery has been committed in issuing certified copy of Khata No. 50, Thana No.55. It is submitted that the petitioner's role was to send the original file with Chirkut to the Tulnakarta who, in turn, after verification of original records forwarded the file to Record Keeper and thereafter certified copy was issued. It is submitted

Patna High Court CR. MISC. No.62547 of 2019(2) dt.16-10-2019 2/2 that there was discrepancy in the certified copy of the Khatiyan inasmuch as the one issued on 10.01.2013 shows Khesra No. 713, while other dated 09.02.2013 shows Khesra No. 713 as well as Khesra No. 894, but it has not been stated as to which of the two certified copies was correctly issued on the basis of the original records. The petitioner has since been superannuated and claims clean antecedents.

4. Learned APP, on the other hand, invites reference to the order of the learned Sessions Judge, East Champaran, Motihari, taking note of the manipulation committed in the matter of issuance of the certified copy and one page of the Khatiyan being torn and removed and after due inquiry, a disciplinary proceeding has been initiated against the petitioner in which the allegation has been found true.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) HR/- U T