Sikshak Harish Chandra Sharma @ Hari Chandra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7973 of 2022 Arising Out of PS. Case No.-28 Year-2021 Thana- MORKAHI District- Khagaria ====================================================== SIKSHAK HARISH CHANDRA SHARMA @ HARI CHANDRA SHARMA S/o Late Sahdev Sharma R/o village- Balaur, P.S.- Morkahi, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar For the Opposite Party/s :
Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-05-2022 Heard learned counsel for the parties.
The petitioner seeks bail in Morkahi P.S. Case No. 28 of 2021, giving rise to G.R. No. 755 of 2021, registered for the offence under Sections 467, 468, 471, 420, 120(B) of I.P.C. As per the prosecution case, petitioner is said to have obtained appointment, as Panchayat Shikshak, on the basis of forged and fabricated Intermediate marks-sheet. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence, as alleged in the F.I.R. In fact, the petitioner was appointed, as Shiksha-Mitra, on the basis of Matric certificate and at that time, after due verification by the concerned authority, petitioner was appointed and petitioner has never produced any forged and fabricated certificate(s). Petitioner is in custody since 13.08.2021.
Patna High Court CR. MISC. No.7973 of 2022(5) dt.09-05-2022 2/2 However, learned counsel for the Vigilance Department vehemently opposed prayer for the prayer for bail and submitted that petitioner obtained appointment on the basis of forged and fabricated Intermediate Marks-sheet and continued to receive salary from the year 2006 to 2015 and thereby, caused revenue loss.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, the learned trial court is directed to release the petitioner on bail to its own satisfaction, after framing of the charge.
(Prabhat Kumar Singh, J) anay/- U T