Birendra Kumar Tiwari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24663 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Birendra Kumar Tiwari, son of Ramdeo Tiwari, Resident of Village - Topra Tola, P.S.- Pirpainti, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Vigilance Investigation Agency, Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Vijay Anand, Advocate. For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2016 Heard both sides.

The petitioner apprehends his arrest in Kotwali (Adampur) P.S. Case No. 16/2016 registered under Sections 420, 409, 467, 468, 471, 120(B) of the Indian Penal Code. The allegation against the petitioner is that he got job of teacher on the basis of forged certificates. During the course of enquiry, it was found that the petitioner passed his Secondary School Examination from M.G. Council of Higher Education, New Delhi but that institution was not found in existence. The certificate produced by the petitioner was found to be forged. It is submitted that the petitioner did his secondary education from M.G. Council of Higher Education, New Delhi and the certificate was issued by the institution. There is no fault on the part of the

Patna High Court Cr.Misc. No.24663 of 2016 (3) dt.10-08-2016 2/2 petitioner. M.G. Council of Higher Education, New Delhi is not included in the list of fake institution issued by the State of Bihar. It appears that after enquiry, the institution named M.G. Council of Higher Education, New Delhi was found nonexistent and the petitioner appears to have produced forged certificate in order to get service.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Kotwali (Adampur) P.S. Case No. 16/2016. Accordingly, the same is rejected. If the petitioner, after depositing the entire salary of ten months which he received in the account of the Education Department, surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner taking into consideration that a co-accused, after having deposited the entire salary amount, has already been enlarged on anticipatory bail. (Prabhat Kumar Jha, J) Dilip/- U T