Patna High Court

Rajeev Kumar @ Rajiv KumarversusThe State of Bihar through Vigilance

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court held that anticipatory bail is warranted, as custodial interrogation is not required, and exercised its inherent powers under Section 482(2) CrPC to grant bail with conditions.

Summary

Petitioner Rajeev Kumar was implicated in a FIR (Noorsarai P.S. Case No. 566 of 2023) for allegedly forging his educational certificate to obtain a Panchayat Teacher position, invoking IPC sections 420, 467, 468, 471 and 120(B). He contended that the certificate was initially accepted, that a later RTI response confirmed he had passed the PSTE exam, and that no proper enquiry was conducted before verification. He resigned from the post on 22‑08‑2025, and the village Mukhiya accepted his resignation. The Vigilance Investigation Bureau opposed his request for anticipatory bail. The High Court, noting that the allegations were document‑based and custodial interrogation was not essential, granted anticipatory bail subject to a Rs.10,000 bond and two sureties, invoking its inherent powers under Section 482(2) of the CrPC.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the present facts
Whether the nature of the allegations under IPC sections 420, 467, 468, 471 and 120(B) necessitates custodial interrogation
Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant anticipatory bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 120B, 420, 467, 468, 471

Subjects

anticipatory bail
forgery
false educational certificate
IPC sections 420, 467, 468, 471, 120B
Section 482 CrPC
High Court inherent powers
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13669 of 2025
                     Arising Out of PS. Case No.-566 Year-2023 Thana- NOORSARAI District- Nalanda
                 ======================================================
                 Rajeev Kumar @ Rajiv Kumar Son of Rambriksh Prasad Resident of Village-
                 Jagatpur, P.S.- Harnaut, Distt.- Nalanda

                                                                                  ... ... Petitioner/s
                                                    Versus
                 The State of Bihar through Vigilance Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Rajeev Kumar, Advocate
                 For the Vigilance       :        Mr.Arvind Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

7   11-02-2026        1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Noorsarai P.S. Case No. 566 of 2023 dated 29.11.2023

                   registered under Sections 420, 467, 468, 471 & 120(B) of the

                   I.P.C.

                       3. The prosecution case, as per the First Information Report,

                   is that the petitioner obtained employment as ‘Panchayat

                   Teacher’ in Prathmik School Lakshminiya Bigha on the basis of

                   forged educational certificate.

                       4. Learned counsel for the petitioner submits that petitioner,

                   at the time of employment, had produced his educational

                   certificate and mark sheet and as per R.T.I. reply given by

                   Director, State Council of Educational Research and Training,

                   Assam Kahilipara, Gauwahati vide Memo No. SCERT/
Patna High Court CR. MISC. No.13669 of 2025(7) dt.11-02-2026
                                            2/3




          Information / Con / 367 /2022 the petitioner has passed the

          PSTE Examination in the year 2002 / 03 from the College of

          Teacher Education, Udarbond, Assam, however, subsequently

          the same was reported as forged by the same authority. He

          further submits that proper enquiry was not conducted at the

          time of verification of the certificate of the petitioner. He next

          submits that the petitioner has resigned from service on

          22.08.2025 and the Mukhiya has accepted the same on

          24.08.2025.

              5. On the other hand, Mr. Arvind Kumar, learned counsel for

          the Vigilance Investigation Bureau vehemently opposed the

          prayer for anticipatory bail.

              6. Regard being had to the submission made by the parties,

          taking into consideration the fact that allegation against the

          petitioner is based upon documents for which custodial

          interrogation of the petitioner may not be required, accordingly,

          I am inclined to grant anticipatory bail to the petitioner.

              7. Let the petitioner, above named, be released on

          anticipatory bail in the event of arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of
               Patna High Court CR. MISC. No.13669 of 2025(7) dt.11-02-2026
                                                           3/3




                         learned J.M. 1st Class, Biharsharif, Nalanda in connection with

                         Noorsarai P.S. Case No. 566 / 2023 subject to the condition as

                         laid down under Section 482 (2) of the B.N.S.S.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T

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