Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32939 of 2024 Arising Out of PS. Case No.-140 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Arvind Kumar Son of Late Sitaram Thakur Resident of Village- Bahilwara Dhanushi, P.S.- Runni Saidpur, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vigilance Investigation Bureau Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Basant Kumar Tripathy, Advocate For the State :

Mr. Ajay Mishra, A.P.P.

For the Vigilance :

Mr. Arvind Kumar, Spl.P.P. Vigilance Deptt.

Mr. Paritosh Parimal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Vigilance Department.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

3. The petitioner is alleged to have obtained appointment, as Prakhand Niyojit Teacher on compassionate ground, on the basis of forged and fabricated document(s).

4. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. At the time of appointment, after thorough verification and examination of the

Patna High Court CR. MISC. No.32939 of 2024(5) dt.02-09-2024 2/3 documents, furnished by the petitioner, by the competent authority, the petitioner was appointed as Prakhand Niyojit Teacher, but later on, same has been declared as forged and fabricated without proper verification or giving any notice to the petitioner.

5. However, learned Special P.P. for the Vigilance Department vehemently opposes the prayer for anticipatory bail. By way of referring to paragraph 7 & 8 of the counter affidavit, learned Special P.P. submits that the Vigilance Department got the self-attested Madhyama marks sheet of the accused petitioner with descriptions-Roll Code- 1407, Roll No.- 0225, Year-2008, marks obtained-427, Division-First, Serial No.- 020642 which was sent by the District Programme Officer (Establishment), Sitamarhi to the Vigilance Investigation Bureau, Patna, verified from Bihar Sanskrit Shiksha Board, Patna and thereafter, Bihar Sanskrit Shiksha Board, Patna, vide letter no.-536 dated 01.12.2022, has informed that the selfattested Madhyama marks sheet, submitted by petitioner Arvind Kumar, is actually in the name of someone else, namely Surendra Kumar and therefore, the Madhyama marks sheet submitted by the accused petitioner Arvind Kumar has been marked by Bihar Sanskrit Shiksha Board, Patna, as Fake. Thus,

Patna High Court CR. MISC. No.32939 of 2024(5) dt.02-09-2024 3/3 the accused petitioner Arvind Kumar had got himself appointed as a Niyojit Block Teacher by tampering his name in the Madhyama marks sheet issued in the name of Surendra Kumar.

6. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay U T