Birendra Kumar Tiwari vs State Of Bihar & Anr on 10 August, 2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24663 of 2016
Arising Out of PS.Case No. -16 Year- 2016 Thana -BHAGALPUR KOTWALI
Birendra Kumar Tiwari, son of Ramdeo Tiwari, Resident of Village - Topra
Tola, P.S.- Pirpainti, District- Bhagalpur.
1. The State of Bihar
2. The Vigilance Investigation Agency, Bhagalpur.
For the Petitioner/s : Mr. Vijay Anand, Advocate.
For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P.
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
3 10-08-2016 Heard both sides.
The petitioner apprehends his arrest in Kotwali (Adampur) P.S. Case No. 16/2016 registered under Sections 420, 409, 467, 468, 471, 120(B) of the Indian Penal Code.
The allegation against the petitioner is that he got job of teacher on the basis of forged certificates. During the course of enquiry, it was found that the petitioner passed his Secondary School Examination from M.G. Council of Higher Education, New Delhi and Other Higher Education Degree from Other Institutions. Higher Education Degree Provided Institution was not found in existence. The certificate produced by the petitioner was found Higher Education Degree to be forged . It is submitted that the petitioner did his secondary education from M.G. Council of Higher Education, New Delhi and the certificate was issued by the institution. There is no fault on the part of the petitioner. M.G. Council of Higher Education, New Delhi is not included in the list of fake institution issued by the State of Bihar.
Enquirey were also has been set up for M.G.Council New Delhi to submit verification report of Candidate's Valid Eligibility. Administration visited to Regional Office for Verification Physically and Further positive reports has been Issued by M.G. Council, New Delhi.
It appears that after enquiry, the institution named M.G. Council of Higher Education, New Delhi was found in existent and the petitioner appears to have produced forged certificate in order to get service by other Higher Degree
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Kotwali (Adampur) P.S. Case No. 16/2016. Accordingly, the same is rejected.
If the petitioner, after depositing the entire salary of ten months which he received in the account of the Education Department, surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner taking into consideration that a co-accused, after having deposited the entire salary amount, has already been enlarged on anticipatory bail.
(Prabhat Kumar Jha, J) Dilip/-
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