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Patna High Court

Suresh PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on condition of a Rs.10,000 bond and two sureties.

Summary

The petitioner, Suresh Prasad, applied for bail in a criminal case registered under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code, alleging that he was falsely implicated based on a complaint that he obtained a teaching appointment using forged documents. He asserted a clean antecedent, had been in custody since 15‑09‑2025, and argued that no show‑cause notice was issued before the FIR was filed. The State opposed the bail, contending the seriousness of the offences. The court, after considering the petitioner's clean record and the claim of false implication, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount. The bail was granted subject to the petitioner’s cooperation with the trial proceedings.

Issues considered

  • Whether bail should be granted in a case involving offences of cheating, forgery, and criminal conspiracy under Sections 420, 467, 468, 471 and 120B IPC.
  • Whether the petitioner’s claim of false implication and lack of a show‑cause notice before filing the FIR warrants bail.

Legislation cited

Subjects

  • bail
  • IPC
  • cheating
  • forgery
  • criminal conspiracy
  • pre‑trial detention
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5384 of 2026
                        Arising Out of PS. Case No.-172 Year-2025 Thana- BIHIA District- Bhojpur
                 ======================================================
                 Suresh Prasad Son of Chandrama Ram Resident of Village Chakarahi, P.S.-
                 Bihiya, District.- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chandan Kumar Verma
                 For the Opposite Party/s :       Mr.Arun Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 420, 467, 468, 471, 120B of

                   the IPC.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and is in custody

                   since 15-9-2025 and the informant alleges that petitioner based

                   on fake documents got appointed as teacher.

                             4.    Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is next submitted that no show-cause was issued to

                   the petitioner prior to instituting the instant FIR. It is further

                   submitted that had a show-cause been issued to the petitioner
              Patna High Court CR. MISC. No.5384 of 2026(2) dt.22-04-2026
                                                          2/2




                        seeking explanation with regard to the allegations as alleged in

                        the FIR, perhaps the instant FIR would not have been instituted.

                        It is also submitted that if privilege of regular bail is granted to

                        the petitioner, the petitioner will not abscond rather will co-

                        operate in the trial to prove his innocence.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner above named be

                        released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                        Ten Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Bihiya P.S. Case

                        No. 172 of 2025.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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