Sinha Suman Bihari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24323 of 2016 Arising Out of PS.Case No. -672 Year- 2009 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Sinha Suman Bihari son of Sripati Sinha, resident of village Rampur, P.S. Shivnarayanpur,(Kahalgaon) District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tarun Prasad Mandal For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-08-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 420/467/468/471/120(B) and 469/34 of the Indian Penal Code. Diary in this case was called for earlier which has since been received.

Learned counsel for the petitioner submits that the petitioner is a graduate in history and, thereafter, he has also obtained a law degree and is currently engaged in the legal profession at Bhagalpur Civil Court. He further submits that an altogether false and farfetched allegations have been made against him that he had obtained a false degree of B. Library from the Tilka Manjhi

Patna High Court Cr.Misc. No.24323 of 2016 (3) dt.02-08-2016 P2/3 University, Bhagalpur and that his name has figured in tabulation register at Serial No. 73. It is submitted that the aforementioned situation came to be noted and an enquiry was made with regard to another person, namely, Pramod Kumar Sharma whose certificate was under scrutiny. So far as the petitioner is concerned, there was no connection with the aforementioned degree and he had never applied or taken admission in B. Library. He further submits that it is not known as to how his name came into the tabulation register of library science or any examination conducted in the year 2006.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that there is no connection with the allegation made and the fact which has surfaced also do not clearly indicate as to how the petitioner's name found place in the tabulation register. Furthermore, the petitioner has not been issued any certificate for Library Science till date. Considering the aforementioned facts and circumstances and there being no material connecting guilt of the petitioner, let the petitioner above named, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.24323 of 2016 (3) dt.02-08-2016 P3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Vishwavidhyalaya) P.S. Case No. 672/2009, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T