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Patna High Court - Orders

Pramod Ojha vs The State Of Bihar on 15 May, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78923 of 2024
                      Arising Out of PS. Case No.-42 Year-2024 Thana- SACHIVALAYA District- Patna
                 ======================================================
                 Pramod Ojha S/o Late Mohan Lal Ojha R/o Village and Post- Meenapur
                 Balha, P.S.- Piprarhi, District- Sheohar

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Secretary, Bihar Sanskrit Shiksha Board Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binay Kant Mani Tripathi, Advocate
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
                 For the Board            :       Mr. Satyam Shivam Sundaram, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   15-05-2025

Heard Mr. Binay Kant Mani Tripathi, learned counsel for the petitioner, Mr. Satyam Shivam Sundaram, learned counsel appearing on behalf of the Bihar Sanskrit Shiksha Board as well as Mr. Ram Naresh Ray, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sachivalaya P.S. Case No. 42 of 2024, F.I.R. dated 20.04.2024 for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

3. According to prosecution case, this petitioner has committed interpolation and fraudulent act with the government record i.e., in the GTR of the examination record.

4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.78923 of 2024(6) dt.15-05-2025 2/4 petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that as per the allegation the petitioner has done interpolation in the marksheet and the same was issued in the name of Bharti Kumari. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. The marksheet in question has been issued to Bharti Kumari by the section concerned and the petitioner has no role at all with the present occurrence and he has retired from the serive w.e.f. 31.03.2024 itself and the petitioner is not involved in the any interpolation as alleged in the present case and he has been retired from the post without any allegation.

5. Learned counsel for the Bihar Sanskrit Shiksha Board as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that it has come during investigation that the petitioner was involved in the present crime in question and he has interpolated the GTR and the marksheet. They further submits that the petitioner has been asked to file show cause by the Board.

6. Considering the aforesaid facts and circumstances Patna High Court CR. MISC. No.78923 of 2024(6) dt.15-05-2025 3/4 that the petitioner has clean antecedent and no material has come during investigation which suggest the involvement of the petitioner in the present crime 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 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, Patna in connection with Sachivalaya P.S. Case No. 42 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 Patna High Court CR. MISC. No.78923 of 2024(6) dt.15-05-2025 4/4 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 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/-
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