Arjun Kumar Jha v. The State Of Bihar, Through Vigilance Investigation Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47736 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== Arjun Kumar Jha Son Of Late Purshotam Jha Resident Of Village- Janki Nagar, Ps- Sursand, Dist- Sitamarhi ... ... Petitioner

Versus

The State of Bihar, through Vigilance Investigation Bureau, Patna Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nakul Kumar Jamuar.Advocate For the Opposite Party/s :

Mr.Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and Mr. Arbind Kumar, learned counsel for the Vigilance Investigation Bureau, Patna.

2. The petitioner, in the present case, is seeking pre-arrest bail in connection with Bahera P.S. Case No. 157 of 2023 registered for the offences punishable under Sections 467, 468, 471, 420, 120(B) of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application.

3. Prosecution story in brief is that as per the direction of the Court passed in CWJC No. 15459/2014, the Vigilance Bureau, Patna was authorized to examine the education certificate of teacher appointed on contract basis

Patna High Court CR. MISC. No.47736 of 2023(2) dt.11-08-2023 2/3 and sent the certificate of the petitioner for verification to the Bihar Vidyalaya Pariksha Samiti which was found forged.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that after lodging of the F.I.R. petitioner was not in service and was terminated from service.

5. Mr. Arbind Kumar, learned counsel for the Vigilance has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstances of the case wherein it appears that despite opportunity given by this Court in CWJC No. 15459/2014 to all the teachers who were appointed on contract basis on the basis of forged certificate to resign, the petitioner chose not to resign and continued to draw monetary benefits as Prakhant Teacher in the Middle School, Benipur, Darbhanga and now it has been found that his educational certificates were forged, this Court is not inclined to grant privilege of pre-arrest bail to the petitioner.

7. Prayer for pre-arrest bail of the petitioner is,

Patna High Court CR. MISC. No.47736 of 2023(2) dt.11-08-2023 3/3 thus, refused.

8. In case, the petitioner surrenders and prays for regular bail in the learned court below, his prayer for regular bail shall be considered on it's own merit without being prejudiced by the order of this Court.

(Rajeev Ranjan Prasad, J) Rajeev/- U T