SHYAM BIHARI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the parties.

(2.) This is an application for grant of anticipatory bail to the petitioner (Shyam Bihari Rai) in Magadh University P.S. Case No. 64 of 2000 corresponding to Special Case No. 30 of 2000 for an offence under Sections 420, 467, 468, 471. 474, 109, 116, 119, 120-B and 201 of the Indian Penal Code read with Section 13(2) of the Prevention of Corruption Act and Section 10 of the Bihar Examination Act. It was submitted on behalf of the petitioner that he was earlier Professor of English in Bihta College of the University. By notification dated 24.5.1999 of the Magadh University he joined the University office on 27.5.1999 as Examination Controller and before that he had no concern with any of the related works in the University office as he was working as a Professor of English in a college at Bihta. According to the FIR, a public interest litigation was brought by one Pramod Kumar Chandrawanshi (CWJC No. 7146 of 1998) and in that writ this Court by its order dated 26.9.2000 ordered for lodging an FIR against six public servants against whom the charges were levelled in the writ petition.

(3.) Admittedly the petitioner was not named at that time. The case related with one Shikha Gupta, wife of Sri Anurag Gupta, an I.P.S. Officer was illegally admitted on 19.12.1995 in M.A. History in the Session 19S3-95 and was allowed to appear at 1996 examination. It is alleged that she appeared at only 1st paper examination but was illegally shown to have appeared in other seven papers also. She was given forged marks-sheet dated 25.3.1998 showing her passed with first division. It is further alleged that without requisite qualification she was appointed along with one Jalil Akhtar Olayee as Lecturer in Law Department of A.M.C. College of Magadh University. She did not take any class but was paid salary by cheque in 1997 and 1998. The details are given in the FIR. The whole matter was enquired by a retired District Judge under the orders of the Chancellor. He submitted report dated 3.8.1999. In that report also at no place the petitioner has figured. The main allegation of illegally admitting Smt. Shikha Gupta in M.A. was against the Principal of Gaya College and with regard to illegal appointment of Shikha Gupta and Jalil Akhtar Olayee was made Shri S.C. Mookherji, the then Vice-Chancellor and also against the then Registrar and Principal of the then A.M. College, Dr. Mazahar Hussain. In these circumstances the entire period of occurrence is in between 1995 and. 1998 when admittedly the petitioner has joined on 27.5.1999 as Controller of Examination, Magadh University.