Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13411 of 2021 Arising Out of PS. Case No.-898 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== Ravindra Kumar S/o Ram Lakhan Sah @ Ram Laxaman Sah Panchayat Teacher, R/o village- Semra Tola, Turkauliya, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh For the Opposite Party/s :
Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Turkauliya P.S. Case No. 898 of 2019 registered for the offence punishable under Sections 420, 467, 471 of the Indian Penal Code. The prosecution case as lodged by the informant is that as per the direction of the Hon'ble Patna High Court, passed in CWJC No. 13204 of 2019, the marks statement/certificates was
Patna High Court CR. MISC. No.13411 of 2021(2) dt.08-07-2021 2/3 verified and after verification coducted by Secretary, Bihar School Examination Board, Patna submitted verification report to the District Programme Officer, East Champaran through the Memo No. D.P. 367 dated 23.11.2019, in which it is found that as per the verification report Shri Ravindra Kumar has got only 61 marks in T.E.T. Examination and he has failed. Accordingly, the informant praying for taking necessary action against the petitioner.
It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. It is alleged that from perusal of Memo No. 2078 dated 12.07.2017 issued by Assistant Secretary, Bihar School Examination Board, Patna - 17 addressing to the District Programme Officer, East Champaran, Motihari, it shows that the verification report has been issued by the Assistant Secretary, in which the name of the petitioner has been mentioned at last column of the letter, showing that the petitioner has got 109 marks and result of the petitioner showing qualified, in which it is clearly mentioned that the verification report has been prepared after compairing the certificates of candidates from the origial record and computer data base of committee, meaning thereby the
Patna High Court CR. MISC. No.13411 of 2021(2) dt.08-07-2021 3/3 petitioner has never committed any fraud with the authority. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 02.07.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid and the period of custody, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Turkauliya P.S. Case No. 898 of 2019. (Anjani Kumar Sharan, J) GAURAV S./- U T