Reyaj Warish Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35095 of 2016 Arising Out of PS.Case No. -154 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Reyaj Warish Khan, Son of Late Abdul Hafiz Khan, Resident of VillageJagdishpur, Mohalla-Pathan Toli, P.S. Jagdishpur, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 17-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sahpur P.S. Case No.154 of 2016, corresponding to G.R. No.3172 of 2016, registered under Sections 467, 468, 471, 409 and 420 of the Indian Penal Code.

The accusation is that the petitioner obtained the job of Panchayat Teacher on the basis of the B.Ed. Certificate of the college of which recognition was cancelled.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner was the student of B.Ed. of Session 1994-95 in S. Wakil Ahmed Teachers' Training (B.Ed.)

Patna High Court Cr.Misc. No.35095 of 2016 (3) dt.17-09-2016 2/3 College, Murgiachak, Darbhanga. It would appear from the Notification dated 13.07.1998 issued by the Lalit Narayan Mithila University, Kameshwaranagar, Darbhanga (Annexure-'3' to the application) that the University was pleased to grant provisional affiliation to S. Wakil Ahmad Teachers; Training (B.Ed.) College, Murgiachak, Darbhanga from the Session 1985-86 to 1996-1997 and this petitioner appeared in the B.Ed. Examination for Session 1994-1995 in the month of April, 1998 and the petitioner had no knowledge about the aforesaid Notification. Further, it would appear from the F.I.R. itself that vide Notification dated 29.02.2000 issued by the Lalit Narayan Mithila University, Kameshwaranagar, Darbhanga, the enrollment, examination, result, mark-sheet and provisional certificate regarding the students of the Session 1997-98 was cancelled and not the students of B. Ed. of Session 1994-95, which was the Session of the petitioner.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara, in connection with

Patna High Court Cr.Misc. No.35095 of 2016 (3) dt.17-09-2016 3/3 Sahpur P.S. Case No.154 of 2016, corresponding to G.R. No.3172 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T