Krishna Kumar v. The Union Of India, Through, The S.P. (C.B.I) Acb, Patna, Bihar.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74107 of 2022 Arising Out of PS. Case No.-5 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== Krishna Kumar, S/o Shri Raja Ram Sharma, Resident of Village- Mataur, P.O.- Lakhawar, P.S.- Makhadumpur, District- Jahanabad. ... ... Petitioner/S
Versus
The Union of India, through, the S.P. (C.B.I)/ ACB, Patna, Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Pd. Singh, Advocate For the C.B.I.
:
Mr. Avanish Kumar Singh, Spl.P.P., C.B.I.
Mr. Ambar Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the C.B.I. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with SPL Case No. 08/2018 arising out of R.C. Case No. 05/A/2018, registered for the offence under Sections 120B/201/419/420/467/468/471/477A and 511 of the I.P.C. and Section 13(2) R/W 13(I)d of the P.C. Act 1988. The accused/petitioner is named in the F.I.R. and is in custody since 20.09.2022.
The allegation against the petitioner is to obtain job of teacher on the basis of forged degree of B.Ed.
Patna High Court CR. MISC. No.74107 of 2022(3) dt.22-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated in the present case as he never did B.Ed., and as such there is no question to submit any B.Ed. certificate with authority concerned. In support of his submission, learned counsel pointed out that Annexure-4 of the present bail petition which clearly shows that type of the petitioner is "Primary Teacher Untrained." It is also pointed out that as per Annexure-5, concerned office ordered for revised pay grade to petitioner on the basis of D.EL.Ed. Certificate which was completed by petitioner in 2013-2015. While traveling over the argument, it is submitted that if the appointment of petitioner as alleged was obtained on the basis of forged degree of B.Ed.
in 2010 itself then certainly his status as issued by Education Department in the year, 2015 would not reflect his status as "Primary Teacher Untrained." While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned Spl. PP appearing on behalf of C.B.I.
Patna High Court CR. MISC. No.74107 of 2022(3) dt.22-03-2023 3/3 petitioner as "Primary Teacher Untrained." He also concede with Annexure-5 of the present bail petition. Considering the facts and circumstances as mentioned above and by taking note of Annexure-4 of the present bail petition, where the status of petitioner shown as untrained teacher in the year 2015, who is a man of clean antecedent, coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail in connection with SPL Case No. 08/2018 arising out of R.C. Case No. 05/A/2018, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge C.B.I. II, Patna/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) veena/- U T