Patna High Court

Rajeev KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Rajeev Kumar, a former Block Teacher, faced arrest in a case alleging forgery and fabrication of documents to obtain his appointment, invoking Sections 467, 468, 471, 420 and 120(B) of the Indian Penal Code. He contended that his appointment had been verified by the department and that the allegations were made without a proper enquiry or notice, especially after his termination via a departmental letter dated 30.09.2024. The petitioner applied for anticipatory bail, fearing arrest. The Court examined whether the procedural safeguards under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita justified granting bail despite the serious nature of the accusations. Considering the termination and the lack of a prior enquiry, the Court allowed anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond with sureties. The order also stipulated compliance with the conditions laid down under the aforementioned statutory provision.

Issues considered

What is the appropriate scope of anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case involving alleged forgery and related offences?
Whether the petitioner’s termination without prior notice or enquiry affects the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482
Indian Penal Code — s. 120, 420, 467, 468, 471

Subjects

anticipatory bail
forgery
appointment fraud
Section 482
procedural fairness
termination of service
Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29722 of 2025
                    Arising Out of PS. Case No.-67 Year-2024 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Rajeev Kumar S/O Gajendra Lal Karn Resident of Village and P.O- Chapta,
                 P.S- Ujiyarpur, Distt.- Samastipur- 848114.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Director, Vigilance Investigation Bureau, State of Bihar, Patna. Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Karn, Advocate
                 For the Opposite Party/s :       Mrs. Rita Verma, A.P.P.
                 For the Informant        :       Mr. Arvind Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   08-01-2026                    Heard learned counsel for the parties.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 467, 468, 471, 420 and

                   120(B) of the Indian Penal Code.

                                3. The petitioner is alleged to have obtained

                   appointment, as Block Teacher, on the basis of forged and

                   fabricated document(s).

                                4. It is submitted on behalf of petitioner that petitioner

                   was appointed, as Block Teacher, after verification of all

                   educational certificates by the concerned department, but later

                   on, same have been declared as forged and fabricated without

                   proper enquiry or giving any notice to the petitioner. Moreover,

                   petitioner has already been terminated from service vide
              Patna High Court CR. MISC. No.29722 of 2025(6) dt.08-01-2026
                                                          2/2




                        Letter No. 32 dated 30.09.2024 (Annexure-P-3).

                                     5. Considering the nature of accusation and the fact

                        that petitioner has already been terminated from the service, this

                        anticipatory bail is allowed and it is ordered that let the above

                        named petitioner in the event of his arrest/surrender before the

                        court below within a period of eight weeks from today, be

                        enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of Chief Judicial Magistrate, Samastipur in

                        connection with Kalyanpur P. S. Case No. 67 of 2024, subject to

                        condition as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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Jay Karn