Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30000 of 2020 Arising Out of PS. Case No.-430 Year-2019 Thana- KESARIA District- East Champaran ====================================================== Sushil Kumar, Male, aged about 29 years, S/o Rabindra Thakur, R/o Vill.- Khajuriya, P.S.-Gobindganj, Distt.-East Champaran at present Niyojit Teacher of Govt. Primary School,Ramgarhwa, P.S.-Kesariya, Distt.-East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kesariya P.S. Case No. 430 of 2019 registered for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code.

The prosecution case, in brief, is that on 24.08.2019, Block Education Officer, Kalyanpur sent his letter no.294 to S.H.O., Kesariya P.S. to lodge an F.I.R. against the Niyojit Teacher, Govt. Primary School, Ramgarhwa namely Sushil Kumar (the petitioner), as he has appointed as Teacher on the basis of forged T.E.T. certificate. The aforesaid letter has been sent on the direction of District Education Officer issued vide

Patna High Court CR. MISC. No.30000 of 2020(5) dt.17-03-2021 2/3 letter no.1902 dated 21.08.2019.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence, as alleged and he has falsely been implicated in this case. It is further submitted that the petitioner has not committed such type of offence, as alleged and he has got no knowledge regarding fake certificate, which was submitted because the said certificate was issued by the concerned authority and the petitioner has got no any criminal antecedent and he is a teacher and he enjoys respect in the society. It appears the department is itself not sure about commission of any act of forgery on the part of the petitioner and, therefore, he has not even been put under suspension, on contrary, he was deputed as polling officer during last Bihar Assembly Election, 2020 (Annexure-3 series of the supplementary affidavit).

Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.30000 of 2020(5) dt.17-03-2021 3/3 to the satisfaction of ACJM-VI, Motihari, District- East Champaran in connection with Kesariya P.S. Case No. 430 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T