Devashish Bose v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45018 of 2024 Arising Out of PS. Case No.-757 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Devashish Bose Son Of Satyanarayan Prasad @ Satyanarayan Yadav R/o Village- Khari Budhma, Ps- Murliganj, Dist- Madhepura ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Deputy Superintendent Of Police Cum Assistant Enquiry Officer, Vigilance Investigation Bureau ,Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kamal Kishore Singh, Adv.
For the Vigilance :
Mr. Arvind Kumar Spl PP Mr. Paritosh Parimal, Adv.
For the State :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Vigilance.
2. The petitioner apprehends arrest in connection with Sour Bazar P.S. Case No. 757 of 2023 dated 01-12-2023, instituted for the offence punishable under Sections 420,467, 468, 471 and 120B of the Indian Penal Code.
3. The prosecution case in short is that informant, namely, Satyakam, who is working as Dy. S.P. of police Saharsa-cum- Assistant Enquiry Officer, Vigilance Investigation, Bureau, Patna, has alleged that as per the report of the Controller of Examinations, Gauhati University, the mark sheet and certificate of B.Ed of the petitioner is forged. He has
Patna High Court CR. MISC. No.45018 of 2024(2) dt.24-07-2024 2/3 forged the certificates on computer by wrongful means and used the same to get employment as a Government Teacher.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the petitioner was appointed by the Zila Parishad Secondary Teacher Appointment Authority in the year 2007 in Tripur High School, Jamhra, Block Patarghat, Dist. Saharsa. It is further submitted that the verification report of the Controller of Examinations, Gauhati University, with respect to the BED certificate of the petitioner is vague as the registration number and name of the college of petitioner was not mentioned in the report. It is further submitted that the petitioner resigned from his service on 23-12-2023. It is further submitted that petitioner has not misappropriated government money as he has already worked for the period for which he has received salary, thereafter he has not received salary. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned counsel for the State as well as Vigilance Investigation Bureau, Patna opposed the bail application and submits that the complicity of the petitioner cannot be denied, as he obtained appointment on the basis of forged certificate.
6. Having considered the facts and circumstances of
Patna High Court CR. MISC. No.45018 of 2024(2) dt.24-07-2024 3/3 the case and submissions of learned counsel for the parties, in the event of arrest / surrender before the learned Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM- II, Saharsa, in connection with Sour Bazar P.S. Case No. 757 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) shyambihari/- U T