Shyam Kishore Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24086 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -JAMUI District- JAMUI ======================================================

1. Shyam Kishore Paswan son of Bulkan Paswan, Resident of villageRasulpur, P.S.- Bind, District- Nalanda at present Posted as teacher in High School, Maheshwari, P.S. Sono, District Jamui.

2. Pradip Kumar son of Rajendra Prasad Mahto, resident of VillageSandhmaph, P.S.- Halsi, District - Lakhisarai Posted as a teacher in S.S. High School, Sono, District- Jamui.

3. Ravindra Kumar son of Late Jhari Mahto, resident of Village- Telar, P.S. Chandradeep District- Jamui at present Posted as a teacher in High School, Arha, Aliganj, District- Jamui.

4. Arvind Bharti son of Late Parmeshwar Prasad r/o Village Kutubchak, P.S. Kawakol, District Nawada, at present posted as teacher in Sarvoday High School, Chhatiyani Aliganj, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mrs. Saheen Begam(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-08-2016 Heard both sides.

The petitioners apprehend their arrest in Jamui P.S. case No. 115 of 2016 under Section 467, 568, 471, 420, 120(B) of the Indian Penal Code.

In pursuance of order passed in CWJC No. 15459 of 2014 the Vigilance made enquiry and found that the petitioners were appointed on the post of teachers on the basis of fake certificates of B. Ed. pass.

Patna High Court Cr.Misc. No.24086 of 2016 (3) dt.05-08-2016 2/2 Mr. Bachan Jee Ojha, the learned counsel for the petitioners, submits that many persons of other cases have already been enlarged on anticipatory bail but it appears that there is very specific allegation that the petitioners got service of teachers on the basis of forged and fake certificates, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

If the petitioners surrender in the court below, i.e., learned Chief Judicial Magistrate, Jamui in Jamui P.S. case No. 115 of 2016, and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioners on its own merit.

(Prabhat Kumar Jha, J) BKS/- U T