Anil Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3199 of 2020 Arising Out of PS. Case No.-900 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== 1.
Anil Kumar Singh (Male) aged about 35 years, Son of Bansidhar Singh, Resident of Village- Ashok Nagar, P.S.- Jalalpur, District- Saran at Chapra. 2.
Sri Rinkoo Tiwari @ Rinku Kumar Tiwari (Male) aged about 37 years, Son of Sri Mahesh Prasad Resident of Village- Jalalpur, P.S.- Jalalpur, District- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Singh For the Opposite Party/s :
Mr. Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Ara Nawada P.S. Case No. 900 of 2019, registered for the offence punishable under Sections 420, 468 & 471 of the Indian Penal Code, 1860.
The allegation against the petitioners is that the petitioners have obtained job on fake certificate on contract basis on the post of Accountant -cum- I.T. Assistant in the Panchayati Raj Department, Bihar, Patna.
Mr. Nawal Kishore Singh, learned counsel for the petitioners submits that from perusal of Annexure- 2 dated
Patna High Court CR. MISC. No.3199 of 2020(3) dt.02-03-2020 2/3 12.03.2019 it would be evident that firstly the concerned University i.e. Bundelkhand University, Jhansi (U.P.) informed the concerned District Panchayati Raj Officer, Bhojpur, Ara that the mark-sheets of the petitioners were found to be forged and not tallying with the records. Learned counsel further submits that subsequently by letter dated 28.08.2019, which is Annexure -2 (1) at page no. 18 of this application the same University i.e Bundelkhand University informed the District Panchayati Raj Officer, Bhojpur stating therein that due to the fault in the computer the earlier verification report was sent to the District Panchayati Raj Officer, Bhojpur, Ara regarding the fake marksheets of the petitioners, but the fact of the matter is that the petitioners have passed the B.Com and M.Com. examinations in 1st Division and their mark-sheets are validly issued by the Bundelkhand University, Jhansi (U.P.).
Having heard learned counsel for the parties and taking into consideration the fact that subsequently Bundelkhand University, Jhansi (U.P.) by its letter dated 28.08.2019 informed the District Panchayati Raj Officer, Bhojpur, Ara that the marks obtained by the petitioners are correct and they have passed their respective examinations in 1st Division, I am inclined to grant anticipatory bail to the
Patna High Court CR. MISC. No.3199 of 2020(3) dt.02-03-2020 3/3 petitioners.
Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks from the date of receipt of a copy of this order, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara (Bhojpur) in connection with Ara Nawada P.S. Case No. 900 of 2019, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure. (Anil Kumar Sinha, J) praful/- U T