Kishun Deo Kumar Oraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20984 of 2023 Arising Out of PS. Case No.-127 Year-2022 Thana- SIMRA District- West Champaran ====================================================== KISHUN DEO KUMAR ORAON S/O MUNESHWAR ORAON R/O Ward no. 10, Chiutaha, P.S- Semra, Distt.- West Champaran. ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Superintendent of Police, Vigilance Investigation Bureau, Muzaffarpur Range, Muzaffarpur. Muzaffarpur, Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kumar Singh, Advocate Mr. Sanjay Kumar, Advocate For the State :

Mr.Ajay Mishra, APP For the Vigilance :

Ms. Archana Khopde, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Semra P.S. (Chiutaha O.P.) Case No.- 127 of 2022 registered for the offences punishable under Sections 467, 468, 471, 490, 120(B) of the Indian Penal Code. He has got only one criminal antecedent in which he is on bail.

Learned counsel for the petitioner submits that in view of the order passed by this Hon'ble Court in CWJC No. 15459 of 2014 and after institution of Nigrani Enquiry No. 08 of 2015 for inquiry of educational certificates of the Teachers appointed in the district of West and East Champaran, the petitioner is alleged to have got appointment as Siksha Mitra in the year 2004 and as a Teacher in the

Patna High Court CR. MISC. No.20984 of 2023(2) dt.24-06-2023 2/3 year 2006 on the basis of certificate of Madhyama issued by Bihar Sanskrit Siksha Board which is fake one.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner has filed an application before the Bihar Sanskrit Siksha Board for re-verification of his Madhyama Certificate as the petitioner has every belief that the Madhyama Certificate of the petitioner is genuine.

Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner. It is submitted that the petitioner got appointment as Niyojit Teacher on the basis of an alleged forged certificate and despite opportunity granted to the persons like the petitioner in CWJC No. 15459 of 2014 (P.I.L.) to resign on their own and this opportunity was given twice but the petitioner did not avail the same.

Having regard to the facts and circumstances of the case, wherein it appears that the petitioner got appointment as Niyojit Teacher on the basis of an alleged forged certificate and despite opportunity granted to the persons like the petitioner in CWJC No. 15459 of 2014 (P.I.L.) to resign on their own and this opportunity was given twice but the petitioner did not avail the same and continued in service deriving benefits, at this stage, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer is refused.

Patna High Court CR. MISC. No.20984 of 2023(2) dt.24-06-2023 3/3 If the petitioner surrenders and prays for a regular bail within a period of four weeks in the court below, his prayer shall be considered on its own merit without being prejudiced by the order of this Court.

This application stands rejected.

(Rajeev Ranjan Prasad, J) tusharika/- U T