Umashankar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7694 of 2017 Arising Out of PS.Case No. -180 Year- 2013 Thana -MURLIGANJ District- MADHEPURA ====================================================== Umashankar Ram, Son of Late Krishnadev Ram, Resident of VillageSanak, Post Office- Kharail, Police Station- Supaul, District- Supaul at present posted as Head Clerk, B. Murho High School Murliganj, Police Station- Murliganj, District- Madhepura.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate For the Opposite Party : Mr. Dr. Kumar Uday Pratap, (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Murliganj P.S. Case No. 180 of 2013, registered for the offences punishable under Sections 419, 420, 467, 468, 471, 472, 409, 120B of the Indian Penal Code.

Allegedly, on the basis of forged transfer certificates eight students have been admitted in the School of the petitioner wherein the petitioner is Head Clerk and accordingly dress, cycle and scholarship funds were misappropriated.

Submission is of false implication and that the petitioner has got no role in issuance of such fake certificates

Patna High Court Cr.Misc. No.7694 of 2017 (2) dt.01-03-2017 2/2 therefore, the petitioner cannot be penalized for having admitted some students who have somehow procured the said forged transfer certificates. Co-accused Sadanand Yadav, the Head Master of the school has already been allowed pre-arrest bail vide Cr. Misc. No. 15395 of 2015 by another co-ordinate Bench of this Court, other co-accused namely Siyaram Yadav and Rajendra Kumar @ Rajendra Yadav have also been allowed pre-arrest bail and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. submits that the petitioner is the head clerk of the school where eight certificates were found forged.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S. Case No. 180 of 2013, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T