Raghunath Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16927 of 2015 Arising Out of PS.Case No. -3 Year- 2015 Thana -PAKARIBARAW District- NAWADA ====================================================== Raghunath Pandit, aged about 58 years, S/o Late Dashrath Pandit R/o Vill. - Singhaul, P.S. Mufassil Nawada, District - Nawada - 805113, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Avanish Kumar Singh For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 409, 406 and other sections of the Indian Penal Code. The petitioner was In-charge Principal of Inter School, Pakribarawan from 14.03.2014 to 01.07.2014. The regular Principal joined the school on 02.07.2014. During the tenure of the petitioner, many students were admitted. When the regular Principal came and made enquiry, it transpired that many students were admitted in the school on the basis of forged certificates. The regular Principal reported this matter to the District Education Officer, Nawada vide his letter no. 87/14 dated 02.12.2014. On the basis of the aforesaid letter, the District Education Officer directed the District Programme Officer, Secondary Education to enquire into the matter and submit a report till 31.12.2014 and, on enquiry,

Patna High Court Cr.Misc. No.16927 of 2015 (3) dt.01-07-2015 2/3 it was found that many students were admitted on the basis of the forged transfer certificates. Learned counsel for the petitioner submits that when the regular Principal joined the school on 02.07.2014, the petitioner sat with him and found that admissions of many students were made on the forged certificates. The petitioner wrote letter to the District Education Officer on 02.12.2014 about the admissions made on the forged certificates. It has further been submitted that during the course of investigation, the investigating officer found that the Peon and the Clerk of the school made interpolations in the Admission Register. The investigation is still going on.

On perusal of the records, it appears that the petitioner was made the In-charge Principal on 14.03.2014 and he remained as In-charge Principal till 01.07.2014. During his tenure, more than 100 students were admitted but when the regular Principal joined, it transpired that admissions of about 200 students were made on the basis of the forged transfer certificates procured from different schools. The regular Principal, after enquiry, wrote letter to the District Education Officer. In pursuance thereof, the District Education Officer entrusted the District Programme Officer to hold a thorough enquiry and thereafter the whole gamut was detected. During the tenure of the

Patna High Court Cr.Misc. No.16927 of 2015 (3) dt.01-07-2015 3/3 petitioner, about 200 students were admitted on the forged certificates. It has nowhere come that it was the petitioner who informed the District Education officer about the admissions of the students on the basis of the forged certificates rather the regular Principal informed the District Education Officer much prior to the letter sent by the petitioner.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Pakribarawan P.S. Case No. 03/2015. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T