Ranjit Mishra @ Ranjit Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69051 of 2018 Arising Out of PS. Case No.-452 Year-2018 Thana- KOTWALI District- Patna ====================================================== Ranjit Mishra @ Ranjit Kumar Mishra Son of Late Jivanand Mishra Resident of Village-Ratanpura,P.S. Ratanpura,Distt.-Supaul,at present Nandan Niwas Road No.1,Rajbanshi Nagar,P.S. Shastri Nagar,Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawa Sr. Advocate Mr. Pramod Mishra Advocate Mr. Amresh Kumar Sinha Advocate Ms. Preety Kunwar Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2018 Heard Mr. N. K. Agrawal, the learned senior counsel for the petitioner and the learned counsel for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Kotwali P. S. Case No. 452 of 2018 dated 19.07.2018 instituted for the offences under Sections 417, 418, 419, 420, 466, 467, 468, 471 and 120(B) of the Indian Penal Code.

An examination under BETET-2011 had been

Patna High Court Cr.Misc. No.69051 of 2018(3) dt.18-12-2018 2/3 conducted in the year 2011 and after seven years it was detected that the data base of the result was tampered with. An enquiry was conducted and the report of the enquiry revealed that about 1300 entries in the data base were tampered with in the records of the office of Bihar School Examination Board of which petitioner and another were the custodians.

Mr. N. K. Agrawal, learned senior counsel while canvassing before this Court for anticipatory bail, has submitted that the examination had taken place about 7 years ago and since the petitioner was only a Peon, a fourth grade employee, it is difficult to expect that if at all any tampering was done in the records in the office, he would have been responsible for the same.

Learned senior counsel has further submitted that there is nothing on record to even indicate that lock and key of the records were available with the petitioner at the relevant time.

However, since this Court has been informed that all other accused persons of this case have been granted

Patna High Court Cr.Misc. No.69051 of 2018(3) dt.18-12-2018 3/3 regular bail, this Court is of the view that no different treatment is required to be given to the petitioner even though he is a fourth grade employee.

The prayer is rejected.

The petition is accordingly dismissed.

However, if the petitioner appears before the court below and seeks regular bail, the court below shall take into account the status of the petitioner at the relevant time and shall pass orders in accordance with law without being prejudiced with the fact that the present petition has not been entertained.

(Ashutosh Kumar, J) skm/- U