Rakesh Kumar Mahto @ Rakesh Kumar @ Munnu Kumar v. The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1166 of 2024 Arising Out of PS. Case No.-123 Year-2020 Thana- ARIYARI District- Sheikhpura ====================================================== Rakesh Kumar Mahto @ Rakesh Kumar @ Munnu Kumar S/O Krishnandan Prasad @ Krishnnandan Prasad R/O Village- Makanpur, P.S- Noorsarai, Distt.- Nalanda.

... ... Petitioner/s

Versus

1.

The State Of Bihar Through The Principal Secretary, Department Of Home, Government Of Bihar, Patna.

2.

The Director General Of Police, Bihar, Patna. 3.

The A.D.G.P., Vigilance, Bihar, Patna.

4.

The District Magistrate-Cum-Collector, Sheikhpura. 5.

The Superintendent Of Police, Sheikhpura.

6.

The S.H.O Ariyari Police Station, Sheikhpura. 7.

The Headmaster, Primary School, Jodhanbigha, Sheikhpura. 8.

The Block Education Officer, Ariyari, Sheikhpur. 9.

Parsuram Singh S/O Late Bhuneshwar Singh R/O Village- Mehus, P.SMehus, Distt.- Sheikhpura At Present Panchayat Secretary-Cum Secretary Panchayat, Panchayat-Diha, At And Police Station- Mehus, Distt.- Sheikhpura.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Respondent/s :

Mr. Bipin Kumar, Advocate For the Vigilance :

Mr. Anil Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-04-2025 Heard learned counsel for the petitioner; learned counsel for the State and learned counsel for the Vigilance.

2. The present application has been filed for quashing the F.I.R. vide Ariyari P.S. Case No. 123 of 2020, registered

Patna High Court CR. WJC No.1166 of 2024(2) dt.24-04-2025 2/3 against the petitioner for an offence punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

3. As per the prosecution case, the petitioner was appointed on the post of Panchayat Teacher in primary School, Jodhanbigha in the year 2014 after verification of all the academic certificates as well as the related documents. The Panchayat Secretary-cum-Secretary Panchayat, Teacher Employment unit Village Panchayat Diha, Police StationMehus, District- Sheikhpura filed his written statement on 18.11.2020 before the S.H.O., Ariyari Police Station, Sheikhpura interalia therein that during EPFDATA ONLINE, the educational certificate, training certificate, BETET certificate of the petitioner, who is the Panchayat Teacher of Primary School, Jodhanbigha have been found fake by the District Education Officer, Sheikhpura. In this light there is instruction to register a First Information Report against the petitioner and to recover the amount taken under salary head till the employment period and deposit it in the departmental account.

4. From the reading of the FIR, prima facie case is made out against the petitioner which is required to be investigated.

Patna High Court CR. WJC No.1166 of 2024(2) dt.24-04-2025 3/3

5. In these circumstances, this application is dismissed with liberty to the petitioner to raise all the grounds at an appropriate stage.

(Sandeep Kumar, J) P. Kumar U T