In an appeal against rejection of anticipatory bail, the petitioner, accused of cheating and forgery for securing a teaching post through a fake certificate, was refused bail pending trial.
Prayer for anticipatory bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68471 of 2019
Arising Out of PS. Case No.-22 Year-2019 Thana- ADHAOURA District- Kaimur (Bhabua)
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BADRI PRASAD Son of Mannu Ram @ Mannu Prasad Resident of VillageAhiraon, P.S.-Belaon, District-Kaimur at Bhabua.
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan For the Opposite Party/s : Mr.Ajay Mishra ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 08-11-2019 Heard both sides.
The petitioner apprehends his arrest in Adhoura P.S.
Case No.22 of 2019 registered under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.
In pursuance of the order passed by Patna High Court in CWJC No.15459 of 2014, the Department of Vigilance, Govt. of Bihar made inquiry with regard to illegality in appointment of panchayat teachers and appointment on the basis of forged certificates. During the course of inquiry of the school of the petitioner(Badri Prasad), it transpired that Badri Prasad submitted his intermediate certificate bearing Roll Code 1602, Roll No.10314 of the year 1999. The petitioner was shown to have obtained 696 marks but on verification of the
Patna High Court CR. MISC. No.68471 of 2019(2) dt.08-11-2019 2/3
certificate/marksheet produced by the petitioner from Bihar School Examination Board, it transpired that the petitioner got only 393 marks and it was petitioner who produced fake and forged marksheet and got appointment on the post of teacher.
The learned counsel for the petitioner submits that petitioner was appointed in the year 2007 after he being selected for the post of panchayat teacher in primary school, Panchmahul. At the time of appointment, the educational certificate of the petitioner was verified and since then he has been performing the duty of teacher. The petitioner also passed State Teachers’ Eligibility Test conducted by the Education Department. The Vigilance Department made cryptic verification and on the basis of the cryptic report of the Bihar School Examination Board showing that the petitioner obtained only 393 marks, there is no other documents to show that the petitioner forged the marksheet. It is further submitted that Saroj Kumari, similarly situated co-accused has already been granted anticipatory bail by order dated 05.08.2019 passed in Cr. Misc. No.48598 of 2019 and thus, petitioner also deserves anticipatory bail. The petitioner referred page 26 of the brief and submitted that this is the marksheet of the petitioner but it appears that it is a provisional certificate issued to Saroj Kumari and not to the
Patna High Court CR. MISC. No.68471 of 2019(2) dt.08-11-2019 3/3
petitioner.
On perusal of F.I.R. itself, it appears that petitioner himself submitted forged and fake certificate of intermediate pass and claimed to have obtained 696 marks and fraudulently got appointment but on verification of the certificate of the petitioner by the Vigilance Department from Bihar School Examination Board, it transpired that the petitioner got only 393 marks and thus, it is evident that it was petitioner who had produced fake marksheet of intermediate pass and fraudulently got appointment on the post of teacher.
Considering the fact that petitioner fraudulently got appointment after producing fake marksheet, I am not persuaded to grant anticipatory bail to such person who has committed forgery and got appointment ousting the meritorious students from the selection process. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
(Prabhat Kumar Jha, J)
Saurabh/-
U T
3 issues framed by the court
Whether the petitioner is entitled to anticipatory bail despite apprehension of arrest under the NAFBA scheme.
Whether the petitioner is liable to be granted bail when the charge involves forgery for fraudulent appointment as a teacher
Whether the petitioner produced a fake intermediate certificate to secure appointment as a panchayat teacher.
Colour shows how this judgement treated each authority
Cr. Misc. No.48598 of 2019Referred¶20
2 provisions across 2 enactments
Badri Prasad
The State of Bihar
Vigilance Investigation Bureau, Patna
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
