Pramod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3534 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== Pramod Kumar Singh Son of Bahadur Narayan Singh Resident Of VillageDudhaila, P.O.- Kukurdaura, P.S.- Andhramath, District- Madhubani Presently Posted As Niyojit Prakhand Teacher At Madhya Vidyalya, Parsa, BlockGhoghardiha, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Department of Vigilance, Niyojit Teacher Verification Cell, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending arrest in connection with Ghoghardiha P.S. Case No. 166 of 2023, registered on 01.11.2023 for the offences under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

3. As per prosecution case, while getting employment as Niyojit Prakhand Teacher, the petitioner submitted a certificate of experience, which was found to be incorrect. He failed to avail amnesty scheme, which was in vogue for certain period under the orders of this Court passed in

2/4 CWJC No.15459 of 2014.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. At the time of appointment of the petitioner, the concerned authority verified the certificate and found the same to be genuine. Again the certificate was verified by the informant and the concerned institution issued a verification report stating to be verified and not correct. It is further submitted that for the same occurrence, Ghoghardiha P.S. Case No. 08 of 2011 has been registered under Sections 420, 467, 468, 469, 471 and 409 of the IPC against the petitioner and the petitioner was terminated from her post.

The petitioner challenged his termination and moved before this Court in civil writ and the High Court directed the petitioner to avail the appropriate forum created for redressal of grievance, which was the educational tribunal. The petitioner then approached the appellate authority, the Education Tribunal, which set aside the termination order and directed for reinstatement of the petitioner. Again, with the same allegation, the present FIR has been lodged in mechanical way. The petitioner is accused in one more case.

3/4 order dated 31.02.2024, passed in Cr. Misc. No. 2769 of 2024, vide order dated 10.01.2024, passed in Cr. Misc. No. 82276 of 2023, vide order dated 20.12.2023, passed in Cr. Misc. No. 65215 of 2023 and by a Coordinate Bench of this Court vide order dated 04.09.2023 passed in Cr. Misc. No. 54155 of 2023.

5. Learned APP and learned counsel for the Vigilance oppose the submission made on behalf of the petitioner. Learned counsel for the Vigilance submits that experience certificate of the petitioner was sent to the concerned authority, which reported that it was verified and found not correct. However, learned counsel is not aware about any earlier case lodged against the petitioner regarding submission of forged certificate.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the earlier lodged case against the petitioner with same allegation and further considering the grant of bail to similarly situated persons in different cases, let the petitioner above named, in the event of arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of 10,000/- (Rupees ₹ Ten Thousand Only) with two sureties of the like amount each

4/4 to the satisfaction of learned Judicial Magistrate, 1st Class, Jhanjharpur, District-Madhubani/concerned court in connection with Ghoghardiha P.S. Case No. 166 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Amrendra/- U T