Patna High CourtCR. MISC./53259/2018bail granted

Mukesh Kumar Mishra v. The State Of Bihar

2019-01-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53259 of 2018 Arising Out of PS. Case No.-494 Year-2017 Thana- TEKARI District- Gaya ====================================================== Mukesh Kumar Mishra S/o Sri Narsingh Mishra, R/o Vill.- Chirailly, P.S.- Tekari and District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No-2 For the Opposite Party/s :

Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-01-2019 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420,467,468,471 and 409 of the IPC.

It is alleged against the petitioner that the petitioner got appointed as Primary Block Teacher on the basis of a forged Madyama (Matric) marksheet issued by the Bihar Sanskrit Shiksha Board, Patna. It is further alleged that in fact the petitioner secured 365 marks but the maksheet submitted by the petitioner at the time of appointment reflected his marks as 713. It is submitted by learned counsel for the petitioner that the Principal of the said Nityanand Sanskrit Vidya Mandir, Amarut, Gaya issued certificate on 26.8.2016 to the effect that the petitioner secured 713 marks at the Madhyama examination conducted in the year 1989.

Patna High Court Cr.Misc. No.53259 of 2018(4) dt.03-01-2019 2/2 However, the petitioner's services have been terminated. Learned APP submits that verification was done from Sanskrit Shiksha Board and thereafter the FIR was registered. Considering the fact that the school in question issued a certificate with regard to the bonafide of the marks of the petitioner and the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya in connection with Tekari P.S. Case No. 494 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U