Bhagwat Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40126 of 2020 Arising Out of PS. Case No.-185 Year-2020 Thana- BANMANKHI District- Purnia ====================================================== BHAGWAT PANDIT S/o - Late Bhola Pandit Incharge Head Master Middle School, Radha Nagar Banmankhi, District- Purnia. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Ranjan For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-06-2021 Heard Mr. Alok Ranjan, learned advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Banmankhi P. S. Case No. 185 of 2020, instituted for the offences under Sections 420 and 465 of the Indian Penal Code.
The F.I.R. has been lodged by the Block Education Officer, Banmankhi alleging that the admission register of Middle School Radhanagar, Banmankhi was called for by the Principal Magistrate, Juvenile Justice Board, Purnea in connection with Banmankhi P.S. case No. 326 of 2014 and Banmankhi P.S. Case No. 178 of 2017 for the
2/4 purposes of verifying the age of a juvenile in conflict with law by the name of Rakesh Kumar. On perusal of the admission register, it was found that there were some interpolations. The admission was closed after the admission of one Angadh Kumar and thereafter the entry regarding the school leaving certificate and the transfer certificate of the juvenile in conflict with law was entered. The date of birth of juvenile in question was noted as 2004. This raised suspicion in the mind of Juvenile Justice Board because there was no other entry with respect to any transfer certificate or of school leaving certificate except that of the Juvenile in conflict with law.
Hence, the F.I.R. against the petitioner, who at the relevant time was Principal of the concerned school. Mr. Alok Ranjan, learned Advocate for the petitioner has submitted that the accusation against the petitioner is absolutely misconceived. He submits that under the orders of this Court in C.W.J.C. No. 16 of 2016, the petitioner got his appointment as Headmaster of the school at the age of 57. Initially the petitioner was reluctant to take
3/4 over the charge as Principal of the concerned school but later he started officiating as the Principal of the said school. However, the erstwhile In-charge Principal and the Secretary of the Shiksha Samiti conspired amongst themselves and in order to favour certain persons, got the school register manipulated and forced the petitioner to put his signature on the same. No sooner was it done, it has been stated on behalf of the petitioner that a complaint was made by him against such action of the erstwhile In-charge Principal and another member of the faculty before the local police as also before the District Education Officer. It appears that perhaps the petitioner has been made victim of circumstances because of infighting of the staff of the school and the machinations of two of the teachers of the school. The petitioner has got no connection whatsoever with the concerned juvenile in conflict with law and that nobody had approached him for providing any certificate of transfer or age to the aforesaid juvenile.
Regard being had to the fact that the petitioner had earlier complained of interpolations in the school register
4/4 and was forcibly made to sign on the same, he is directed to be released on bail, in the event of his arrest or surrender before the Court below within a period of eight weeks from the date of receipt/ production of a copy of this order, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -I, Banmankhi, Purnea in connection with Banmankhi P. S. Case No. 185 of 2020, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Ashutosh Kumar, J) sunilkumar/- U T