Barun Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15516 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -BUDDHACOLONY District- PATNA ====================================================== Barun Kumar Thakur son of Ram Baran Thakur .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 09.02.2015 in a case registered for the offences punishable under sections 406/420/467/468/470/341/323/471/472 of the Indian Penal Code.

The prosecution case is that in pursuance to an advertisement by Bigway Institute of Technical Studies, Patna, run by this petitioner, the informant took admission and paid Rs.20,000/-. Marksheet of B.Sc. was given to the informant by the petitioner, issued by the Sridhar University, Pilani, Rajasthan. It is further alleged that the informant qualified at the P.O. examination of State Bank of India in the year 2014 and he appeared at the interview on 12.12.2014 at Ahamadabad, the Bank authority asked him to bring the provisional certificate and, thereafter, the informant met with the officials of Shridhar

Patna High Court Cr.Misc. No.15516 of 2015 (3) dt.06-07-2015 2/2 university where they suggested that the marksheet, submitted by the informant, is forged one.

It is submitted by learned counsel for the petitioner that the petitioner claimed to have made the payment of fee, the receipts of which are part of the FIR, which suggest payment on 15.12.2014 and 29.12.2014 subsequent to the alleged date of interview of the State Bank of India on 12.12.2014. Though the marksheets are undated but it suggests that the examinations were held in May 2011-12. The marksheets do not suggest that it was issued from the institute of the petitioner or the petitioner in any way connected with the issuance of the marksheet. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the fact that investigation has already concluded, let the above named petitioner 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 Judicial Magistrate, 1st Class, Patna in connection with Budha Colony P.S. Case No.42 of 2015.

(Dinesh Kumar Singh, J) Ashwini/- U T