Amit Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52432 of 2023 Arising Out of PS. Case No.-228 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== AMIT BHARTI Son of Srikant Singh @ Srikant Prasad Singh Resident of village - Manjhaul, P.s. - Cheria Bariyarpur, Distt. - Begusarai ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Vigilance Department, Patna Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjiv Sharan, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420/467/468/471/120B of the Indian Penal Code.

3. It is alleged that the petitioner obtained appointment on the post of Shiksha Mitra in 2004 on the basis of forged educational certificates.

4. Learned counsel for the petitioner submits that without proper verification and enquiry, petitioner's certificates have been declared to be forged and fabricated. The petitioner was appointed as Siksha Mitra on 11.2.2004 on the basis of matriculation certificate and petitioner never submitted intermediate certificate which itself falsified the prosecution case.

Patna High Court CR. MISC. No.52432 of 2023(11) dt.05-08-2024 2/2

5. Learned counsel for the Vigilance opposes the prayer for bail. He submits that the petitioner obtained appointment on the post of Shiksha Mitra on the basis of forged educational certificates, as such, he does not deserve privilege of pre-arrest bail. On verification, the Bihar School Examination Board vide letter dated 17.6.2021 informed that intermediate marks sheet submitted by petitioner and the records available with the Board with respect to petitioner's intermediate certificate were having discrepancies.

6. In view of the facts and circumstances of the case and materials available on record, prayer for pre-arrest bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) shashi/- U T