Ranjeet Kumar (Master) v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61801 of 2021 Arising Out of PS. Case No.-512 Year-2021 Thana- BIHAR District- Nalanda ====================================================== RANJEET KUMAR (MASTER) Son of Late Kailash Prasad Resident of Village - Chulhari, Police Station - Asthawan, District - Nalanda. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabindra Prasad Singh For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest for the offences alleged under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code and Section 63 of the Copy Right Act, 1957 registered in connection with Bihar P.S.Case No. 512 of 2021.
As per allegation, the police got an information that an organized gang is indulged in providing false educational certificate showing the accused persons as juvenile. It was also
2/4 informed that one Kundan Kumar who was accused in Rajgir P.S.Case No. 143 of 2021 claiming himself to be a juvenile submitted a school leaving certificate before the Juvenile Justice Board. That certificate was bearing the seal of the headmaster of Primary School Asthawan, Biharsharif, Nalanda. When that certificate was verified from that school, it was found to be forged one and was not issued by that school. Thereafter the police party contacted the father of the accused and he apprised the police party that he contacted the petitioner who was indulged in facilitating the forged certificate.
During the course of investigation, the police party asked the petitioner as to wherefrom he obtained the forged certificate, he apprised that the forged printed proforma are easily available in Viswakarma Press, Janta Press, Jyoti Press, Jagdamba Press and Amprapali Press situated in Nalanda at Biharsharif. Those Press mentioned in the FIR used to charge Rs. 50 per form and after filling up those format, with the help of co-accused Ajay Kumar who is also a teacher in B.R.C. Asthawan, the forged certificate was issued.
The learned counsel for the petitioner has submitted that though the petitioner is a teacher, but is not attached to the school wherefrom the forged certificate was said to be issued.
3/4 In the FIR itself the petitioner is not a teacher of that school but he is indulged in providing false certificate whereby assaults were declared juvenile and they are taking the benefit of being juvenile. It appears that an organized gang is active in Nalanda, which is indulged in providing false and forged educational certificates to the criminals showing them as juvenile.
Considering the above facts and circumstances, the petitioner does not deserve the privilege of anticipatory bail. His prayer for anticipatory bail is hereby rejected. The Superintendent of Police Nalanda, Biharsharif is directed to send a report that up-till now what evidences have been emerged in course of investigation against the Press mentioned in the FIR as well as against other accused persons named in the FIR. The report must be received within a period of two months, including the fact that how many persons have been arrested up-till now.
List the matter after two months.
Let a copy of this order be also transmitted to the Juvenile Justice Board, Nalanda, District Judge, Nalanda and D.M. Nalanda.
Office shall ensure that all defects are removed by
4/4 the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) HR/- U T