Girijesh Prasad @ Girijesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29118 of 2024 Arising Out of PS. Case No.-592 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Girijesh Prasad @ Girijesh Yadav, S/o Sri Mahavir Prasad, Resident of Mohalla- Ashok Nagar, Rajgir, P.S.-Rajgir, District- Nalanda ... ... Petitioner

Versus

1.

The State of Bihar 2.

Lal Mohammad, Police Inspector-cum-Enquiry Officer, Vigilance Investigation Bureau, Patna Division Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Sunil Kumar Singh, Advocate For the State :

Mr. Ajay Mishra, APP For the O.P. No. 2 :

Ms. Archana Palkar Khopde, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-06-2024 Heard learned counsel for the petitioner, Mr. Ajay Mishra, learned APP for the State and learned counsel for the Opposite Party No.2.

2. The petitioner in this case is seeking pre-arrest bail in connection with Rajgir P.S. Case No. 592 of 2023 registered for the offences punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code. He has no criminal antecedent.

3. As per the prosecution story, the informantopposite party no. 2 who has been authorized to verify the genuineness of educational and training certificates of the contractual elementary teachers in Nalanda District alleged that this appellant appointed in the year 2015 as Block Teacher did not tender resignation within amnesty period assigned by the

Patna High Court CR. MISC. No.29118 of 2024(3) dt.06-06-2024 2/3 Hon'ble High Court. The petitioner had provided certificate of P.S.T.E., Assam, Guwahati and when the marksheet/certificate were sent for verification to the P.S.T.E., the same was found false.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is submitted that the petitioner has not been verified and allegations were leveled against him.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner. It is submitted that the petitioner did not resign on his own and remained in service drawing benefits out of that.

6. Having regard to the materials available on the record from which it transpires that the petitioner had allegedly obtained his appointment as Block Teacher on the basis of the fake certificate and despite the opportunity granted to him by the Hon'ble Division Bench in CWJC No. 15459 of 2014 (Ranjeet Pandit and Another Vs. The State of Bihar and Others), the petitioner chose not to resign on his own and remained in service drawing benefits out of that, it is ultimately when he has been terminated and FIR has been lodged, he has moved this Court for grant of pre-arrest bail, this Court is not inclined to

Patna High Court CR. MISC. No.29118 of 2024(3) dt.06-06-2024 3/3 grant privilege of pre-arrest bail to the petitioner in such circumstance.

7. His prayer is refused.

8. If the petitioner surrenders and prays for regular bail within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudice by the order of this Court.

9. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) lekhi/- U T