Diwakar Chaurasiya v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68358 of 2018 Arising Out of PS. Case No.-332 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== Diwakar Chaurasiya, Son of Arun Kumar, Resident of Village- Najari, P.S.- Laxmipur, District- Jamui, at present teacher at up gradate Middle School, Yogiya, Laxmipur, Jamui.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Vigilance Department, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Sri Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2018 Heard both sides.

The petitioner apprehends his arrest in Laxmipur P.S. case No. 332 of 2018 registered under Section 420, 467, 468, 471, 120B of the Indian Penal Code.

The gist of the allegation is that petitioner at the time of submitting his application form for appointment on the post of teacher annexed experience certificate. The experience certificate was sent to District Programme Officer, Primary Education-cum- Sarva Shiksha Abhiyan, Jamui and the same was found genuine and 20% weightage marks was given to the petitioner on experience certificate. On such allegation this FIR was lodged.

On the face of it, it appears that experience certificate given by the petitioner is genuine and weightage marks was given by the selection committee, therefore, the selection committee is at fault by giving weightage marks to the petitioner although on experience certificate no weightage marks should

Patna High Court Cr.Misc. No.68358 of 2018(4) dt.20-12-2018 2/2 have been given.

Mr. Ajay Mishra, the learned APP, opposed the prayer for anticipatory bail.

Having considered the facts that certificate submitted by the petitioner is found to be genuine and the weightage marks was given by the selection committee and for that the petitioner cannot be held responsible, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S. K. Singh learned Judicial Magistrate, 1st class, Jamui in connection with Laxmipur P.S. case No. 332 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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