Patna High CourtCR. MISC./26404/2025bail granted

Ranu Paswan v. The State Of Bihar

2025-05-05Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26404 of 2025 Arising Out of PS. Case No.-308 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Ranu Paswan S/o- Shambhu Sharan Ram @ Shambhu Sharan R/o VillageRajpur Ps- Kesariya Dist- East Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Vigilance through Superintendent of Police, Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar II, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP For the Vigilance : Mr. Arbind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2025 Heard Mr.Dhannjay Kumar II, learned counsel for the petitioner, Mr. Arbind Kumar, learned counsel for the Vigilance and Mr.Ajay Mishra, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Chakia P.S. Case No.308 of 2024, dated 02.10.2024 registered for the offences punishable under Sections 420,467,468,471 and 120(B) of IPC.

3. The prosecution case, in short, is that this petitioner was employed as teacher, but as per report of Bihar School Examination Board, Patna, result of BETET-2011 of the petitioner was found forged as he was not qualified.

4. Learned counsel appearing for the petitioner

2/4 submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In pursuance of the direction of this Court passed in CWJC No.15459/2014, the present FIR has been instituted against the petitioner and other similarly situated persons. Learned counsel for the petitioner submits that as per allegation in the FIR, the petitioner has produced the BETET certificate which suggests that the petitioner has passed the BETET Examination but in the verification it was found that the petitioner has not qualified BETET Examination and he got 39 marks. Learned counsel for the petitioner submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has submitted the certificate which he has received from the competent Board/ University and after lodging the present FIR, the petitioner has resigned from the post in question and Panchayat Secretary has accepted the same on 28.03.2025.

5. Learned counsel for the Vigilance and learned A.P.P. for the State have vehemently opposed the prayer for anticipatory bail of the petitioner and submits that it has come during investigation that the petitioner has submitted false

3/4 certificate.

6. Considering the aforesaid facts, petitioner has clean antecedent and after lodging the present FIR, the petitioner has resigned from the post in question, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 C.J.M., Motihari, East Champaran in connection with Chakia P.S. Case No.

308 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(20 of BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall

4/4 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T