Daroga Kumar Sharma @ Daroga Prasad Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33041 of 2019 Arising Out of PS. Case No.-70 Year-2018 Thana- SANGRAMPUR District- Munger ====================================================== DAROGA KUMAR SHARMA @ DAROGA PRASAD SHARMA Son of Siyaram Sharma Resident of Village-Itwa Gauravdih, P.S.-Tetiya Bamber (Sangrampur), District-Munger.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Bihar School Examination Board through its Secretary, Patna. Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sevak Choudhary For the Opposite Party/s :

Mr. Ajay Mishra For the BSEB :

Mr. P.K. Shahi, Sr. Adv.

Mr. Gyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-01-2026 Heard the parties.

2. This application has been filed for quashing the order dated 08.02.2019 passed by the learned SDJM, Munger in Sangrampur P.S. Case No. 70 of 2018.

3. As per the prosecution case, the Sub-Inspector of Police, Vigilance Investigation Bureau, Camp, Munger has submitted a written report before the SHO of Sangrampur Police Station that on direction of this Court, investigation/verification of educational certificate of teachers who were appointed after 2006 was done. In the verification process, the matriculation certificate of the petitioner was found fake and it is alleged that he has done forgery in the same.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case as he has done no forgery and the petitioner is suffering because of

Patna High Court CR. MISC. No.33041 of 2019(3) dt.29-01-2026 2/2 the mistake done by the Bihar School Examination Board.

5. Learned APP for the State and the learned counsel for the BSEB have opposed the prayer of the petitioner and have supported the impugned order.

6. I have heard and considered the submission of the parties.

7. Upon perusal of the materials available on record, it appears that strong prima facie case has been found by the Court below for framing of charge. The petitioner wants this court to consider his defence at this stage which is not permissible in law.

8. Accordingly, this application is dismissed.

9. The Court below is directed to proceed with the case.

10. Let a copy of this order be communicated to the Principal District and Sessions Judge, Munger through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U