Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13541 of 2023 Arising Out of PS. Case No.-483 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Rajan Kumar Son of Mr. Ram Shobhit Ray Resident of village - Dharampur, P.S.- Minapur, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate Mr. Pravin Kumar, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Minapur P.S. Case No. 483 of 2022 registered for the offences punishable under Sections 420, 467, 468, 471, 120-B/34 of the Indian Penal Code (in short 'I.P.C.').
In pursuance of CWJC No. 15459 of 2014, the present case was lodged against this petitioner as to secure a job of teacher in upgraded middle school on the basis of false certificate where his score reflected as of 105 marks in Teacher Eligibility Test Examination (in short 'T.E.T.' Examination),
Patna High Court CR. MISC. No.13541 of 2023(2) dt.23-05-2023 2/3 where after due verification same was found as 45 marks. Learned counsel appearing on behalf of the petitioner submitted that the first mark-sheet was reflecting score of petitioner as 105 in T.E.T. examination which was issued by Bihar School Examination Board (in short 'B.S.E.B.') itself and considering it correct, petitioner applied for job where he was selected but subsequently, after verification his marks stand as 45 only. It is submitted that petitioner himself is a victim of circumstances and he implicated with present case due to mechanical approach of B.S.E.B.
It is submitted that several similarly alleged accused persons in different cases have been granted anticipatory bail by different learned Co-ordinate Bench of this Court and in support of submission reliance was made on Annexure-2 series of present bail petition which is compilation of several bail orders of learned Co-ordinate Bench of said effect. While concluding the argument it is submitted that petitioner found involved in one more criminal case, where he is on bail.
Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances and by taking note of the fact as the first mark-sheet of petitioner showing his score as 105 was issued by B.S.E.B. itself,
Patna High Court CR. MISC. No.13541 of 2023(2) dt.23-05-2023 3/3 accordingly, the above named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur/concerned Court, where the case is pending in connection with MInapur P.S. Case No. 483 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) pooja/- U T