Santosh Kumar Choudhary @ Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19141 of 2021 Arising Out of PS. Case No.-757 Year-2017 Thana- JAHANABAD District- Jehanabad ====================================================== SANTOSH KUMAR CHOUDHARY @ SANTOSH KUMAR SON OF SRI DEORAJ CHAUDHARY R/O VILLAGE- DANUBIGHA, P.O.- MANJHOS, P.S.- MAKHDUMPUR, DISTRICT- JEHANABAD ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Nath For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioner is/are apprehending his/their arrest in connection with Jehanabad P.S. Case No. 757 of 2017 for the offence registered under Sections 420, 467, 468, 470, 472, 409 and 120B of the Indian Penal Code.
Allegation, as alleged against the petitioner is that he got his appointment on the post of Block Teachers by placing forged certificates which was detected in course of enquiry. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.19141 of 2021(2) dt.17-12-2021 2/3 petitioner has falsely been implicated in connection with the present case. It is further submitted that vide letter no. 957 dated 19.12.2017, Block Education Officer cum Public Information Officer, Jehanabad supplied information sought by one Manoj Kumar, wherein attested copy of relevant page of "Employment Regisgter of Block Teacher-2006' was made available. It is further submitted that name of the petitioner figured at Serial No. 1770 of 'Employment Register of Block Teacher -2006 and marks obtained has been shown as 448/900, which is correct. Further in the percentage column it has been shown as 49.77% meaning thereby correct marks and corresponding percentage were correctly mentioned in the Employment Register of Block Teacher, 2006.
In view of above no wrong information or document submitted by the petitioner as the total marks obtained in the intermediate or corresponding percentage was rightly mentioned by the petitioner while submitting documents for employment. Hence, the allegation, levelled in the column - 5 of the first information report is wrong. It is further submitted that there is absolutely no evidence on record to show that the petitioner was in any way connected with the commission of purported forgery of documents to secure his appointment.
Patna High Court CR. MISC. No.19141 of 2021(2) dt.17-12-2021 3/3 have been granted bail by a co-ordinate Bench of this Court vide order dated 25.08.2020 passed in Cr. Misc. No. 13448 of 2020. It is further submitted that the petitioner has no criminal antecedent.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his/their arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 757 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Sunil Kumar Panwar, J) Jagdish/- U T