Prem Chand Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1232 of 2022 Arising Out of PS. Case No.-67 Year-2021 Thana- NATWAR District- Rohtas ====================================================== 1.

PREM CHAND PRASAD GUPTA Son of Kuar Sah, R/o At-P.O. and P.S.- Natwar, District-Rohtas.

2.

Santosh Prasad Gupta Son of Sri Raja Prasad Gupta, R/o At-P.O. and P.S.- Natwar, District-Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar Singh For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-08-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard Mr. Rajeev Kumar Singh, the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Natwar P.S. Case No. 67/2021 registered for offence punishable under sections 420, 467, 468, 477, 120(B)/34 of the Indian Penal Code.

As per allegation, the petitioners became successful in securing their jobs of Block Teacher after producing certificate

Patna High Court CR. MISC. No.1232 of 2022(2) dt.03-08-2022 2/3 of the Board in the year 2010 which were issued after their appointments.

The learned counsel for the petitioners has submitted that their certificates issued by the Teachers Training College were not found forged or fabricated, rather after verification from the said institution it were found to be issued by those institutions.

So far as their certificates issued by the board is concerned, though the petitioners appeared in the examination in the year 2007, but the result was declared in 2010. By drawing my attention towards Annexure-7 and Annexure-7A of this petition, the learned counsel for the petitioners has submitted that the petitioners approached to the appellate authority against the order of Block Education Officer nullifying their services. The appellate authority, in its order, has specifically held that the petitioners could not be held responsible for the act of the Board of delayed declaration of the result. The appellate authority has set aside the order of Block Education Officer whereby the Block Education Officer had cancelled the appointment of the petitioners. The learned counsel has also submitted that the petitioners are the persons of clean antecedent.

Patna High Court CR. MISC. No.1232 of 2022(2) dt.03-08-2022 3/3 Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Natwar P.S. Case No. 67/2021, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T