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Patna High Court

Kailash DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted to the petitioner, subject to a bail bond and verification of his criminal antecedent, notwithstanding the allegations of conspiracy.

Summary

The petitioner, Kailash Das, sought anticipatory bail in a case involving alleged conspiracy to facilitate the appointment of a teacher using forged certificates, with the FIR charging offences under Sections 420, 467, 468, 120(B) and 471 IPC. The prosecution argued that the petitioner was a conspirator, while the petitioner’s counsel contended his innocence, clean criminal record, advanced age, and that the selection was made by a committee which had already been granted anticipatory bail. The court noted that similar accused had been granted bail and, applying the Bail and Surrender of Sureties Act, 2023, ordered anticipatory bail subject to a bond of Rs 30,000 and verification of criminal antecedents. The trial court was directed to verify the petitioner’s antecedents and cancel the bail if concealment is found. The order thus granted anticipatory bail with conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bail and Surrender of Sureties Act, 2023 despite alleged involvement in conspiracy and forgery.
  • Whether the grant of anticipatory bail to co‑accused influences the petitioner’s claim for bail.
  • What conditions and bond amount are appropriate under Section 2(1)(d) and Section 482(2) of the Bail and Surrender of Sureties Act, 2023.

Legislation cited

Subjects

  • anticipatory bail
  • conspiracy
  • forgery
  • Indian Penal Code
  • Bail and Surrender of Sureties Act
  • criminal antecedent
  • section 420
  • section 467
  • section 468
  • section 120B
  • section 471

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10562 of 2026
                       Arising Out of PS. Case No.-201 Year-2022 Thana- PRANPUR District- Katihar
                 ======================================================
                 Kailash Das Son of Dayal Das Resident of Chhoti Bhaisdiyara, P.S.- Barari,
                 District- Katihar
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun Kumar Mandal, Advocate
                 For the Opposite Party/s :        Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Pranpur (Roshna) P.S. Case No. 201 of 2022, dated

                   14.09.2022, lodged under Sections 420, 467, 468, 120(B) and

                   471 of the Indian Penal Code.

                                3. As per the prosecution, FIR has been lodged

                   against the sole accused person other than the present petitioner.

                   The Panchayat teacher, namely Neelam Kumari, who was

                   posted at Primary School, Kahjunia Panchayat Gauripur, Block

                   Pranpur, District Katihar. The verification of the certificate of

                   the said teacher was made by the Vigilance Investigation

                   Bureau, specifically, the mark sheet and certificate issued by the

                   Sanskrit Shiksha Board in favor of the teacher were found to be

                   forged.
Patna High Court CR. MISC. No.10562 of 2026(2) dt.12-03-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          further submits that the petitioner’s name has surfaced later

          during investigation, and the petitioner was the Panchayat

          Secretary at the relevant period of time, but in the investigation

          it has come that he has conspired with the main accused and

          allowed her to get selected using a forged certificate. Counsel

          further submits that, in this regard, the main accused person had

          placed forged and fabricated certificates at the time of selection.

          Counsel further submits that her appointment was made with the

          condition that if the certificate is found to be forged, then she

          shall be removed and action shall be taken against her. Counsel

          further submits that the selection was not made by the petitioner,

          rather, it was made by the Committee members, and the Co-

          ordinate Bench of this Hon’ble Court has been pleased to grant

          anticipatory bail to the accused committee members vide order

          dated 12.08.2025 passed in Cr. Misc. No. 52349 of 2024,

          annexed as Annexure-P/3. Counsel further submits that the main

          accused person has also been granted anticipatory bail vide

          order dated 10.04.2023 passed in Cr. Misc. No. 5845 of 2023,

          annexed as Annexure-P/2. Counsel further submits that the

          petitioner has clean criminal antecedent. Counsel also submits
Patna High Court CR. MISC. No.10562 of 2026(2) dt.12-03-2026
                                            3/4




          that the petitioner is aged about 63 years and is ready to fulfill

          all the conditions whatsoever shall be imposed by this Court.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that the petitioner’s name has

          come up as a conspirator in the present case.

                       6. As such, in the present facts and circumstances of

          this case, and particularly considering that the petitioner is not

          named and similarly situated persons have already been granted

          bail by the Co-ordinate Bench of this Court, let the above-

          named petitioner be released on anticipatory bail, in the event of

          arrest or surrender before the Trial Court within a period of 4

          weeks from today, on furnishing bail bond of Rs.30,000/-

          (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of

          the BNSS, 2023 to the satisfaction of Judicial Magistrate 1 st

          Class, Katihar, in connection with Pranpur (Roshna) P.S. Case

          No. 201 of 2022, subject to the conditions as laid down U/s

          482(2) of the BNSS, 2023.

                       7. The Trial Court is hereby directed to verify the

          criminal antecedent of the petitioner, and in case it is found at

          any stage that the petitioner has concealed his criminal

          antecedent, the Trial Court shall take steps for cancellation of

          the petitioner’s bail bond. However, the acceptance of the bail
          Patna High Court CR. MISC. No.10562 of 2026(2) dt.12-03-2026
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                    bond in terms of the above-mentioned order shall not be delayed

                    for the purpose of or in the name of verification.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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