Md. Taiyab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10507 of 2016 Arising Out of PS.Case No. -202 Year- 2015 Thana -ARWAL District- JEHANABAD ====================================================== Md. Taiyab son of Idrisah Quraishi, resident of village- Khushdishra, P.O.- Shankarpur Imamganj, P.S.- Paliganj, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s : Mr. Bharat Lal (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, who is a teacher, apprehends his arrest in connection with Arwal P.S. Case No. 202 of 2015 registered for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

The prosecution case is that petitioner on the basis of the forged B.Ed. certificate was appointed as Higher Secondary Teacher in the year 2014.

Pursuant to the orders passed by this Court in a Public Interest Litigation, certificates of all the Middle, High School Teachers and Librarian were enquired into. The Government had also fixed a cut off date for them to resign voluntarily. The petitioner having not resigned, his B.Ed.

Patna High Court Cr.Misc. No.10507 of 2016 (3) dt.20-05-2016 2/3 certificate issued from S.P.D. College of Teachers Education of Gauhati University was verified by the Registrar Gauhati University and on verification found that the certificate of the petitioner was forged and the matter was reported to the Deputy Inspector General of Police, Vigilance Investigation Bureau, Bihar, Patna vide letter dated 22.07.2015. From the marks-sheet of the petitioner, it appears that he completed B.Ed. education from S.D.P. College of Teacher Education, but in the letter of the Registrar, Gauhati University dated 22.07.2015, name of the college is S.P.D. College of Teacher Education and according to him, certificate of the petitioner is not genuine.

Under such circumstances, prayer of the petitioner for grant of anticipatory bail in connection with Arwal P.S. Case No. 202 of 2015 pending in the Court of learned Chief Judicial Magistrate, Arwal is rejected. Learned counsel for the petitioner submits that petitioner passed out from S.D.P. College of Teacher Education and not from S.P.D. College of Teacher Education. However, petitioner may surrender in the court below within four weeks from today and apply for bail, which should be considered in accordance with law on its own merit

Patna High Court Cr.Misc. No.10507 of 2016 (3) dt.20-05-2016 3/3 preferably on the same day also taking into consideration the aforesaid submission of the learned counsel for the petitioner. (Nilu Agrawal, J.) Arjun/- U T