Patna High CourtCR. MISC./16374/2020bail rejected

Manjit Kumar v. The State Of Bihar

2020-10-21Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16374 of 2020 Arising Out of PS. Case No.-364 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== MANJIT KUMAR Son of Babulal Prasad Resident of Village - Ward No.16, Laxmipur, P.S.- Raghunathpur, Dist.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tondon, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-10-2020 Heard Mr. Tondon, learned counsel for the petitioner and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner apprehends his arrest in connection with Turkauliya PS Case No. 364/2019 registered for the offence punishable under Sections 467, 468 and 420 IPC.

3. The allegation against the petitioner, as per FIR, is that the petitioner obtained employment as a teacher on the basis of the forged TET examination certificate and the said certificate was confirmed to be a forged one vide letter no. 1185 dated 06.06.2019 by the Vigilance Officer, Bihar School Examination Board. It is also alleged that petitioner was not a successful candidate in TET examination.

4. Learned counsel for the petitioner, referring to two orders of this Court in Cr. Misc. Nos. 6039 and 50728 of 2018,

Patna High Court CR. MISC. No.16374 of 2020(2) dt.21-10-2020 2/2 submits that in the FIR lodged on similarly situated facts in PIYAR PS Case No. 12 of 2017, Co-ordinate Benches of this Court have granted anticipatory bail to the petitioners.

5. Learned counsel further submits that in a writ petition bearing CWJC No. 8723 of 2019 filed by Gyanu Kumar and Ved Prakash, this Court has directed the petitioners to continue on the post of teachers till Bihar School Examination Board is in a position to verify the certificates and gives its final opinion i.e., after opening of the strong room.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that Vigilance Officer, Bihar School Examination Board vide its letter no. 1185 dated 06.06.2019 has confirmed that the certificate submitted by the petitioner was forged and fabricated and the petitioner has secured employment on the basis of forged certificate, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail stands rejected.

(Anil Kumar Sinha, J) perwez U T