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Patna High CourtCR. MISC./69651/2018dismissed

Ranvijay Sinha @ Bhola Prasad @ Bhola Mahto v. The State Of Bihar Through Vigilance, Patna

2019-11-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69651 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- RAHUI District- Nalanda ====================================================== Ranvijay Sinha @ Bhola Prasad @ Bhola Mahto, Son of Shri Siddheswar Prasad, Resident of Barandi, PS Rahui, District-Nalanda, Presently Posted as Shiksha Mitra in Primary School, Balia Bigaha. ... ... Petitioner/s

Versus

The State of Bihar through Vigilance, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.S.B.K. Mangalam, Advocate For the Opposite Party/s :

Mr.Anjani Kumar, l.O.,Inc.,Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner, the informant and the Vigilance.

The petitioner apprehends his arrest in connection with Rahui P.S. Case No. 39 of 2018 registered for the offences punishable under Sections 419, 420, 467, 471 and 120B of the Indian Penal Code and Sectiions 7 and 8 of the Prevention of Corruption Act, 1988.

Allegation against the petitioner is that by changing his name and date of birth, he has appeared twice in the matriculation examination and on the basis of second matriculation certificate, he secured the appointment as teacher.

Patna High Court CR. MISC. No.69651 of 2018(6) dt.18-11-2019 2/3 Learned counsel for the petitioner submits that the Panchayat Mukhiya and Panchayat Secretary have been granted anticipatory bail by Co-ordinate Bench of this Court. Learned counsel for the petitioner further submits that Ravi Ranjan Kumar and Ran Vijay Sinha have been appointed for the post of teachers. The anticipatory bail application of Ravi Ranjan Kumar was dismissed by a Co-ordinate Bench of this Court vide order dated 16.08.2018 passed in Cr. Misc. No.47467 of 2018. Learned counsel for the petitioner further submits that the petitioner has not played in fraud in securing the appointment of teacher and no allegation of Prevention of Corruption Act is made out against the petitioner and it is not the case that he secured appointment on the basis of documents of other person.

Having heard both sides, considering the facts and circumstances of the case and the nature of accusation, I am not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

However, the petitioner is directed to surrender before the court below and learned court below passed the

Patna High Court CR. MISC. No.69651 of 2018(6) dt.18-11-2019 3/3 order on the same day without being prejudiced by order of this Court.

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