Murli Prasad vs The State Of Bihar
2021 Latest Caselaw 1853 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 33946 of 2020
    Arising Out of PS Case No.-299 Year-2012 Thana- CHAPRA TOWN District- Saran
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Murli Prasad, Gender-Male, aged about 42 years, Son of Late Ramjatan Prasad, Resident of Village and PO- Pachauri, PS- Gahmar, District- Gazipur (Uttar Pradesh).

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s    :       Mr. Sanjay Kumar Giri, Advocate
For the State           :       Ms. Meena Singh, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-04-2021

Heard Mr. Sanjay Kumar Giri, learned counsel for the

petitioner and Ms. Meena Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Chapra Town PS Case No. 299 of 2012 dated 18.10.2012,

instituted under Sections 467, 468 and 420 of the Indian Penal

Code.

Patna High Court CR. MISC. No.33946 of 2020 dt.05-04-2021

3. The allegation against the petitioner is that he

obtained a job in the Rural Works Department on the basis of

forged certificate.

4. Learned counsel for the petitioner submitted that he is

a resident of the State of Uttar Pradesh and soon after termination

of his service in the year 2012, he had gone back to his village and

was unaware of the pendency of the present case and, thus, has

moved late. It was submitted that the petitioner had been duped by

middlemen through whom he had got the job and has no role in

committing such forgery. Learned counsel further submitted that

similarly situated co-accused Lalit Kumar has been granted

anticipatory bail by a co-ordinate Bench by order dated

29.04.2013 passed in Cr. Misc. No. 13423 of 2013, whereas Kashi

Ram has been granted anticipatory bail by order dated 21.03.2014

passed in Cr. Misc. No. 3013 of 2014.

5. Learned APP submitted that the petitioner does not

deny that his appointment was based on forged certificate and also

that he had got the employment through middlemen which itself

shows his complicity. Further, it was submitted that the petitioner

has moved the Court after eight years whereas the other persons

who have been granted bail had moved soon after lodging of the

FIR in the year 2013 and 2014 itself.

Patna High Court CR. MISC. No.33946 of 2020 dt.05-04-2021

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T