Patna High Court
Vikrama Singh @ Rajendra SinghversusThe State of Bihar through E.O.U.
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a cash bond and sureties.
Summary
The petitioner, a former police sub‑inspector, was charged under IPC sections 406, 420, 467, 468 and 471 for allegedly obtaining his police appointment by impersonating his cousin and using fraudulent identity documents. He sought anticipatory bail, arguing that his appointment was verified at the time, he served 40 years without complaint, and the FIR was filed only after retirement based on a duplicate PAN issue. The State opposed bail, contending that the investigation uncovered forged documents, false pension orders and financial fraud. The court noted the long period of unchallenged service, the petitioner’s advanced age, health problems and clean antecedent, and held that these factors outweighed the allegations for the purpose of bail. Consequently, the court granted anticipatory bail subject to a cash bond and sureties, with conditions under Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to a person accused of fraudulently securing a police appointment under IPC sections 406, 420, 467, 468 and 471.
- Whether the delay in filing the FIR and the absence of prior departmental action justify granting bail.
- Whether the existence of duplicate PAN and pension payment orders constitutes a ground to deny anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 406, 420, 467, 468, 471
Subjects
- anticipatory bail
- fraud
- police appointment
- identity theft
- Indian Penal Code
- Criminal Procedure Code
- senior citizen
- health
- departmental proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53212 of 2025
Arising Out of PS. Case No.-7 Year-2025 Thana- ECONOMIC OFFENCES, BIHAR
District- Patna
======================================================
Vikrama Singh @ Rajendra Singh S/o Late Ram Chela Singh R/o Village-
Chodehara, Post Office- Harinathpur, P.S.- Mohania, District- Kaimur,
Bhabhua
... ... Petitioner/s
Versus
The State of Bihar through E.O.U. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Giri, Sr.Advocate
Mr. Raj Shekhar, Advocate
For the Opposite Party/s : Mr.Vishwanath Pd. Sinha, Sr.Advocate
Mr.Vijay Anand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 08-01-2026 Heard learned senior counsel for the petitioner and
learned senior counsel appearing on behalf of opposite party /
E.O.U.
2. The petitioner apprehends his arrest in Economic
Offence P.S. Case No. 07 of 2025, registered for the offence
under Sections 406, 420, 467, 468, 471 of the Indian Penal
Code.
3. It is alleged that petitioner fraudulently secured
appointment in the police department on the post of Constable
on 12.05.1982 in Rohtas by impersonating his cousin (Fufera
Bhai) namely Vikrama Singh, son of Late Ram Chela Singh, by
dishonestly misusing his cousin’s educational and identity
Patna High Court CR. MISC. No.53212 of 2025(7) dt.08-01-2026
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documents and continued in service till his retirement on
31.01.2023 as a Police Sub-Inspector from Sheohar district.
Upon inquiry, the real identity of petitioner was established as
Rajendra Singh, son of Late Brahmadeo Singh.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence, as
alleged in the F.I.R. Petitioner was appointed on the post of
Constable on 12.05.1982 after proper verification of all the
documents by the appointing authority and throughout the
service, no complaint whatsoever was raised either against the
service of the petitioner or against his identity, however after
retirement, only on suspicion, present F.I.R. was lodged.
Petitioner has been made accused in the present case only for
the reason that PAN number of petitioner and one another
person in similar, however, the authority concerned failed to
appreciate the fact that after submitting the required documents,
the department released the PAN number and it is not the case
that petitioner had given any forged document for obtaining
PAN number. It is the duty of income tax department to explain
as to how two similar PAN number has been provided to two
different persons and on this ground, petitioner cannot be made
responsible. Moreover, after filing of the F.I.R., the concerned
Patna High Court CR. MISC. No.53212 of 2025(7) dt.08-01-2026
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department has already initiated departmental proceeding
against petitioner, which is pending consideration. Petitioner is
62 years old, suffering from various ailments and claims clean
antecedent.
5. Learned senior counsel for E.O.U. vehemently
opposes the prayer for anticipatory bail and submits that
petitioner secured appointment in the police service dishonestly
by using educational and identity documents of his cousin
namely Vikrama Singh. During inquiry, all the certificates were
verified and statement of local villagers and panchayat
representatives were recorded and all supported the allegation
levelled in the FIR. Upon verification, it was found that two
separate Pension Payment Orders (PPO) had been generated
against the same PAN, bearing no. AZAPS6506Q, thereby
exposing fraudulent financial benefits being availed by
petitioner.
6. However, considering the fact that petitioner
remained in service for 40 years and no action was taken by the
department and after 41 years of the alleged appointment, F.I.R.
has been lodged and the fact that petitioner is suffering from
various ailments, having clean antecedent, the prayer for
anticipatory bail of petitioner is allowed.
Patna High Court CR. MISC. No.53212 of 2025(7) dt.08-01-2026
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7. According, in the event of arrest/surrender before
the trial court within a period of eight weeks from the date of
receipt / production of copy of this order, 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- Judge 1 st, Patna /
concerned Court in connection with Economics Offence P.S.
Case No. 7 of 2025, subject to condition as laid down under
Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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