Umesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5833 of 2022 Arising Out of PS. Case No.-343 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== UMESH SHARMA SON OF SRI RAM SHARMA RESIDENT OF VILLAGE- PIPARI, P.O.- KANETHI, LP.S.- KARGAHAR, DISTRICTROHTAS ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheikh Arkaan Ahmed, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 120(B) and 409 of the Indian Penal Code.

The informant alleges that there was illegality and irregularity in the appointment of Panchayat Teacher, it is next alleged that the District Magistrate had ordered to lodge an FIR against the Panchayat Secretary and the petitioner of Rampur Panchayat, it is further alleged that TET certificate of Bhardwaj Pandey was found forged and there was some difference in merit regarding the mark sheet of another candidate Md. Shafiqur Rahman.

Patna High Court CR. MISC. No.5833 of 2022(3) dt.11-10-2022 2/3 Learned counsel for the petitioner submits that petitioner is a person with clear antecedent and has been falsely implicated in the present case, it is next submitted that it is the duty of the authorities to ensure that the certificates which are presented by the intending candidates seeking appointment are verified as petitioner being Mukhiya does not have any authority or source to get the certificates verified. Learned counsel further submits that a clerical mistake was committed which was given a color of criminal case alleging that there was some difference of merit regarding the mark sheet of some candidates, it is also submitted that had an opportunity been given to the petitioner to explain his side of the case, then perhaps the present FIR would not have been instituted. Learned A.P.P. for the State opposes the prayer for 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 trial court 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 trial court where the case

Patna High Court CR. MISC. No.5833 of 2022(3) dt.11-10-2022 3/3 is pending/successor court in connection with Sasaram P.S. Case No. 343 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Gauravkr/- U T