Patna High Court
Kapildev SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
Kapildev Sharma, a 77‑year‑old member of a school managing committee, was implicated in a case (Telhara P.S. Case No. 87 of 2024) alleging irregular appointment of two teachers, one of whom was his son, under IPC sections 420, 120B and 34. The petitioner sought bail, arguing that the appointments were made in 2013, were later cancelled in 2024, that he had no direct involvement, and that he had a clean antecedent. The State contended that as a committee member he bore responsibility for ensuring proper appointments and should have recused himself due to his son’s candidature. The court, considering the petitioner’s advanced age, lack of direct evidence, and the doubtful nature of the allegations, granted bail subject to a bond of Rs 10,000 with two sureties and conditions of appearance. The order was made under Section 482(2) of the Bihar Non‑Statutory (B.N.S.S.) and other standard bail conditions.
Issues considered
- Whether the petitioner, as a member of the School Managing Committee, is liable for the alleged irregular appointment of teachers under IPC sections 420, 120B and 34.
- Whether bail should be granted in view of the petitioner’s age, clean antecedent and the nature of the allegations.
Legislation cited
- Indian Penal Code — s. 120B, 34, 420
Subjects
- bail
- criminal conspiracy
- cheating
- school appointments
- managing committee
- age
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28293 of 2026
Arising Out of PS. Case No.-87 Year-2024 Thana- TELHARA District- Nalanda
======================================================
Kapildev Sharma S/o Late Bachchu Singh R/o Vill. - Mandachh, P.S. -
Telhara, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivendra Prasad, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Telhara P.S. Case
No. 87 of 2024 registered for the offences under Sections 420
and 120B/34 of the Indian Penal Code.
3. As per prosecution case, the School Managing
Committee of which the petitioner was a part, appointed two
two teachers without advertising post and one of the teachers
was the son of the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. The petitioner was a doner to the school and on this
account he was made a member of the School Managing
Patna High Court CR. MISC. No.28293 of 2026(2) dt.04-05-2026
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Committee at the relevant time. Learned counsel further submits
that the teachers were appointed in the year 2013 and the
present case has been lodged in 2024, i.e., after 11 years of the
alleged appointment. When the irregularity committed in the
appointment of school teachers has came to the notice, vide
order dated 05.04.2024, their appointments have been cancelled
by Bihar Sanskrit Shiksha Board. Learned counsel further
submits that two teachers were appointed as per prevailing Rule
of 1976 on temporary basis. Learned counsel further submits
that the petitioner is a 77 years old person having clean
antecedent. There is no direct allegation for any wrong being
committed by the petitioner.
5. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that being the
member of the School Managing Committee, the petitioner was
responsible to see that the appointments was being made in
proper manner and when the son of the petitioner was himself a
candidate, he should have recused from the functioning of the
Managing Committee.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
age of the petitioner, his clean antecedent and doubtful nature of
Patna High Court CR. MISC. No.28293 of 2026(2) dt.04-05-2026
3/3
allegation, let the petitioner above named, in the event of his
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-I, Hilsa
(Nalanda)/concerned court in connection with Telhara P.S. Case
No. 87 of 2024, subject to the condition as laid down under
Section 482(2) of the B.N.S.S. and other following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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