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Patna High Court

Pramod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted under Section 438(2) of the CrPC, subject to specified conditions.

Summary

Petitioner Pramod Kumar feared arrest in a case registered under IPC sections 420, 467, 468, 471 and 34 for allegedly attempting to secure a Block Teacher post using forged documents. He contended that the documents were declared forged without proper verification, that he was never appointed and his candidature was cancelled, and that he has a clean antecedent. The State opposed his prayer for anticipatory bail. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties of equal amount, and compliance with conditions under Section 438(2) of the CrPC. The order was made by Justice Prabhat Kumar Singh.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged forgery and cheating under IPC sections 420, 467, 468, 471 and 34.
  • Whether the petitioner’s claim of lack of verification of documents and his clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • cheating
  • IPC
  • Section 438
  • bail conditions
  • clean antecedent
  • appointment fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2589 of 2026
                   Arising Out of PS. Case No.-182 Year-2022 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Pramod Kumar S/o Rajendra Prasad Gupta @ Rajendra Prasad Resident of
                 village - Harpur, P.S.- Harpur, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar , Advocate
                 For the Opposite Party/s :       Mr. Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                          Heard learned counsel for the petitioner and

                   learned A.P.P. for the State .

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 420, 467, 468, 471, 34

                   of the Indian Penal Code.

                                3 . As per the prosecution case , petitioner is alleged

                   to have attempted to get appointment on the post of Block

                   Teacher on the basis of forged and fabricated documents.

                                4. Learned counsel for the petitioner submits that the

                   documents, submitted by petitioner, have been declared as

                   forged and fabricated without proper verification or giving any

                   notice to the petitioner. Moreover the petitioner has never been

                   appointed on the said post and his candidature was cancelled

                   during counseling itself. Petitioner claims clean antecedent.
            Patna High Court CR. MISC. No.2589 of 2026(2) dt.11-02-2026
                                                        2/2




                                   5 . Learned A.P.P. for the State has opposed the prayer

                      for anticipatory bail.

                                   6. Considering the aforesaid facts and circumstances,

                      in the event of arrest/surrender before the Court below within a

                      period of eight weeks from today, let the above named petitioner

                      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 learned Sub-Divisional Judicial Magistrate,

                      Raxaul, Motihari (East Champaran) in connection with Adapur

                      P.S. Case No. 182 of 2022 , subject to condition as laid down

                      under Section 438(2) of the Code of Criminal Procedure .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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