Nawal Kishore Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90357 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Nawal Kishore Ram S/O Tengari Ram Resident of Village-Suryapur Jhakhara, Police Station-Pipra Kothi, District- East Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Additional Director, Vigilance Investigation Bureau, Vigilance Department, Government of Bihar Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP For the Vigilance :
Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-04-2025 Heard Mr. Shakil Ahmad Khan, learned counsel for the petitioner, Mr. Ajay Mishra, learned Additional Public Prosecutor for the State and Mr. Arvind Kumar, learned counsel for the Vigilance Department.
2. The petitioner is apprehending his arrest in connection with Pipra Kothi P.S. Case No. 209 of 2024, F.I.R. dated 12.09.2024 for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.
3. As per the First Information Report, the petitioner obtained the job of Teacher in Education Department on the basis of forged documents.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
2/4 implicated in the present case. Pursuant to the order of this Court passed in C.W.J.C No. 15459 of 2014(PIL), the present FIR has been instituted against the petitioner and other similar situated persons. As per the allegation, the petitioner has submitted his intermediate certificate/marksheet which suggest that he got 495 marks but the petitioner has received only 394 marks. He further submits that petitioner has submitted his marksheet/certificate which he has received from the Board/University at the time of appointment and apart from the authority has not questioned the genuineness of the aforesaid certificate and apart from that after lodging of the present FIR the petitioner has been terminated from the post in question.
5. The learned Additional Public Prosecutor and learned counsel for the Vigilance Department vehemently opposed the prayer for bail of the petitioner and submits that petitioner has initially submitted false documents and obtained the job in question.
6. Considering the aforesaid facts and circumstances, the petitioner has clean antecedent and he is terminated from the post in question, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on
3/4 bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Pipra Kothi P.S. Case No. 209 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T