Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70932 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- SILAO District- Nalanda ====================================================== Dhananjay Kumar S/o- Ranjit Singh Resident of Mogalkuan Baulipur P.SSohsarai, Dist- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Investigating Officer cum Investigator Surviellance Investigation Bureau, Patna Zone Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Advocate For the State :

Mr. Jagdhar Prasad, APP For the Vigilance :

Mr. Arvind Kumar, Spl.P.P. Vigilance Mr. Paritosh Parimal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-03-2025 Heard Learned Counsel for the petitioner, Learned APP for the State and Learned Counsel for the Vigilance.

2. The petitioner is apprehending arrest in connection with Silao P.S. Case No. 168 of 2024, registered on 10.07.2024, for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

3. Prosecution story in brief is that as per the direction of the Court passed in CWJC No. 15459 of 2014, the Vigilance Bureau, Patna was authorized to examine the education certificate of teacher appointed on contract basis and sent the certificate of the petitioner to B.S.E.B. Patna for verification,

Patna High Court CR. MISC. No.70932 of 2024(3) dt.22-03-2025 2/3 which was found forged.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Counsel further submits that similarly situated person, namely, Pankaj Kumar has been granted anticipatory bail vide order dated 16.11.2022, passed in Cr. Misc. No. 56657 of 2022. He further submits that prior to the instituting of the present FIR, he has not been given any opportunity.

5. Learned APP for the State opposes the prayer for bail and submits that the petitioner has not resigned during the amnesty period as given by this Hon'ble Court in CWJC No. 15459 of 2014.

6. Having regard to the facts and circumstances of the case wherein it appears that despite opportunity given by this Court in CWJC No. 15459 of 2014 to all the teachers who were appointed on contract basis on the basis of forged certificate to resign, the petitioner chose not to resign and continued to draw monetary benefits as Block Teacher in the Middle School, Sithaura, and now it has been found that his educational certificates were forged, this Court is not inclined to grant privilege of pre-arrest bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

Patna High Court CR. MISC. No.70932 of 2024(3) dt.22-03-2025 3/3

7. However, if the petitioner surrenders within four weeks from today and prays for regular bail, then the Trial Court shall pass order on the surrender- cum- bail application of the petitioner on the same day without being prejudice of the present order.

(Dr. Anshuman, J.) Aman Kumar/- U T