Kalimuddin @ Md. Kalimuddin v. The State Of Bihar Through The Vigilance Investigation Bureau, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19260 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -THAKURGANJ District- KISANGANJ ====================================================== Kalimuddin @ Md. Kalimuddin, son of Safiur Rahman, resident of Doolabari, P.O.- Hulhuli, P.S.- Thakurganj, District- Kishanganj. .... .... Petitioner.

Versus

The State of Bihar through the Vigilance Investigation Bureau, Bihar, Patna. .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Binay Kumar, Adv. For the Opposite Party : Mr. Ramakant Sharma (L.O., Inc., Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 13-06-2017 Heard learned for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Thakurganj P.S. Case No.11 of 2017 registered for the alleged offences under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code. As per the prosecution case, the petitioner has been appointed as Urdu teacher on furnishing a forged and fabricated marks-sheet of Maulvi, which contains 872 marks with first division, while on verification it was found to be 529 with second division.

It has been submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. He has simply furnished the marks-sheet issued by the Madarsa Board itself without making any

Patna High Court Cr.Misc. No.19260 of 2017 (04) dt.13-06-2017 - 2 - manipulation or interpolation in the said marks-sheet and, if there was any discrepancy in the said marks-sheet, it was the laches on the part of the Madarsa Board and not on the part of the petitioner. One similarly situated co-accused Mukhtar Ahmad has already been enlarged on bail by a co-ordinate Bench of this Court in Cr. Misc. No.3811 of 2017 vide order dated 03.04.2017. Considering the facts aforesaid and the nature of allegation as made against the petitioner, the above named petitioner, 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.10,000.00 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in Thakurganj P.S. Case No.11 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T