Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18609 of 2022 Arising Out of PS. Case No.-108 Year-2021 Thana- KIUL District- Lakhisarai ====================================================== Akhilesh Kumar Son of Sahdeo Ram Resident of Village and P.O. Shivshona, P.S.- Halsi, Distt.- Lakhisarai, Presently posted as Panchayat Teacher at Upgraded Middle School Barare, Block- Chanan, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

THE BIHAR SCHOOL EXAMINATION BOARD, PATNA BIHAR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sumeet Kumar Singh, Advocate For the State :

Mr. Ajay Mishra, APP For B.S.E.B.

:

Mr. Gyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Kiul P.S. Case No.108 of 2021, registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

The allegation against the petitioner is that he has got appointment on the post of Panchayat Teacher by producing fake mark sheet of Intermediate.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted

Patna High Court CR. MISC. No.18609 of 2022(7) dt.19-06-2023 2/2 that there is no evidence against the petitioner. Learned counsel appearing on behalf of Bihar School Examination Board has filed a counter affidavit in the present case and in paragraph 5 and 6, it is stated that during course of verification with the records/DMS and RTR at the Board it had been found that the petitioner's mark sheet annexed with this bail application Roll Code 8201, Roll No.10138, faculty Science Examination, 2003 is of another student, namely, Rajesh Kumar, Son of Jago Ram, total marks obtained 614. In view of the above verification made the records from DMS & RTR available with the Board, there is difference in the name of the student, father's name and marks obtained with the details of the mark sheet attached with bail application.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) S.KUMAR/- U T