IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.412 of 2023 Arising Out of PS. Case No.-361 Year-2021 Thana- KALYANPUR District- Samastipur ======================================================

ASIM KUMAR S/o Ram Dayal Sah R/v- Gauspur Sarsauna, P.O.- Gauspur Sarsauna, Gauspur, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s Versus

1. The State of Bihar

2. The Superintendent of Police, Vigilance, Investigation Bureau, 6 Circular Road, Patna Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Kaushal Kumar Jha, Advocate For the Opposite Party/s : Mr. Ajay Mishra, APP For the Vigilance : Mr. Anil Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

3 13-01-2026 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the Vigilance.

2. The petitioner in the present case prays for the following relief(s):-

1. That, this an application for quashing the First Information Report which is as Kalyanpur P.S. Case No. 361 of 2021 dated 16.12.2021 offences under section 420, 467, 468, 171, 120(B) of the Indian Penal Code extent to the petitioner pending before learned C.J.M. Samastipur.

3. Learned counsel for the petitioner submits that the petitioner has sought the quashing of the F.I.R, which was lodged in pursuance to the direction of the Hon’ble High Court to enquire with regard to the genuineness of the appointments made of niyojit teachers, who were appointed from 2006 to 2015 in the State of Bihar. It has been submitted that, as per the allegations levelled in the F.I.R, the informant has stated that during the enquiry in Samastipur district, it was found that the BETET certificate of the petitioner, who was appointed at Dharampur Primary School, was forged.

4. Learned counsel for the petitioner submits that the petitioner was appointed as a Panchayat Teacher in the year 2011 on the basis of the certificate given by the Bihar School Examination Board (for brevity, the Board) to him. It has been submitted that the petitioner had appeared for the BETET examination and the certificate was, in fact, issued by the Board and no forgery has been committed by him. It has next been submitted that the petitioner has been falsely implicated at the behest of the informant and there is no illegality insofar as the certificates of the petitioner are concerned.

5. Learned counsel for the petitioner refers to the supplementary affidavit, wherein it has been submitted that the petitioner was terminated from service after lodging of the instant F.I.R without any opportunity to defend himself and that even the present F.I.R was lodged on the basis of an ex-parte enquiry and no show-cause notice was ever issued to the petitioner in order to enable him to establish his bonafide.

6. In view of the aforesaid facts and circumstances, it has been submitted that the F.I.R lodged against the petitioner may be quashed in order to prevent miscarriage of justice.

7. Learned counsel appearing on behalf of the Vigilance opposes the application of the petitioner and submits that the petitioner had submitted a forged certificate which is said to have been issued by the Board. Learned counsel for the Vigilance has submitted that during the course of enquiry, the Bihar School Examination Board, Patna, vide letter no. BSEB/VVC/591/2021 dated 08.06.2021, informed that in the records of the Board, Patna, the BETET result card submitted by the accused petitioner bearing particulars such as father’s name, Ramdayal Sah, roll number 2323111708, category-BC, year-2011, marks obtained-090 in Paper-I, result-qualified, and serial number-06987, is actually in the name of another person, namely Mahesh Ram, son of Rajdev Ram. 8. The Board has pointed out that the result card submitted by the petitioner has been marked as fake by the Board and therefore the Vigilance, upon inqu