Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80545 of 2019 Arising Out of PS. Case No.-843 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== CHANDAN KUMAR, aged about 34 years, Male, Son of Sri Kant Singh, Resident of Village - Dhanpurwa, P.S.- Sasaram Muffasil, wrongly typed in impugned order, P.S.- Sasaram (T), Distt - Rohtas. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Md. Ataul Haque, Advocate.
For the Opposite Party :
Mr.Parmeshwar Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 420, 467, 468 and 471 of the IPC.
The prosecution story, in brief, is that the petitioner was appointed by 'Bihar Karamchari Chayan Ayog', Bihar, Patna, through Advertisement No. 02010115 on the scale of Rs. 5200-20200+2800 on 08.01.2018 through Letter No. 35 dated 08.01.2018 on the post of 'Krishi Samanyay' (Agriculture Coordinator) at District Agriculture Office, Sasaram and joined on 11.01.2018. It is further alleged that at the time of joining of
2/4 service, the petitioner filed documents of his education certificate which was sent to the Bundelkhand University, Jhansi, for its verificaton by Letter No. 1313 dated 06.07.2019 and the above University has informed by the office through Confidential Letter No. 2019/94 dated 25.07.2019 to deposit Rs. 500/- through Bank's Draft for verification of documents according to regulation of University and in compliance thereof, the officer has sent Rs. 500/- through Letter No. 1799 dated 19.08.2019. The said University after verification of the documents of education certificate of the petitioner on 11.09.2019 and informed that the documents of education certificate of the petitioner is forged. Hence, this F.I.R. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent.
There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has been made accused in the present case due to mistake of fact. While the petitioner was appointed on 11.01.2018, at that moment of time, documents of education certificate (B. Sc.
3/4 certificate, had informed vide its Letter No. 80/Go/18-17 dated 30.08.2018, although by mistake it has been sent to the District Agriculture Officer, Sasaram, Aurangabad in place of the District Agriculture Officer, Rohtas at Sasaram that the documents of education certificate in question of the petitioner is genuine vide Annexure-2 to the present application. Later on, when the same was sent to Bundelkhand University, it is alleged that the documents of education certificate in question of the petitioner are not genuine. The petitioner claims that the documents of education certificate in question are genuine and for oblique reason, the present case has been instituted against him.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Rohtas at Sasaram, in connection with Sasaram Town P.S. Case No. 843 of 2019, subject to the conditions as laid down under
4/4 Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T