Patna High Court
Arvind paswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner, subject to conditions, as the collective nature of the alleged offence and prior bail to co‑accused justified relief under Section 482(2) of the BNSS 2023.
Summary
Arvind Paswan, the Member Secretary of a teacher appointment committee, applied for anticipatory bail after a case was registered alleging forgery and fraud in the appointment process under Sections 409, 420, 467, 468, 471 and 120(b) of the Indian Penal Code. The petitioner claimed innocence, arguing that the appointment decisions were collective and he was not individually responsible. The court noted that other committee members and the implicated teacher had already been granted anticipatory bail. The opposition counsel objected to the bail. Considering the facts and the precedent of bail to co‑accused, the court allowed anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged collective wrongdoing.
- Whether the collective decision of the appointment committee shields an individual member from liability under the specified IPC sections.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 can be invoked to grant anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120, 409, 420, 467, 468, 471
Subjects
- anticipatory bail
- forgery
- teacher appointment
- collective responsibility
- Indian Penal Code
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6316 of 2026
Arising Out of PS. Case No.-39 Year-2022 Thana- BAKHARI District- Begusarai
======================================================
Arvind paswan S/O Yogendra paswan Resident of house no 468,Purab
Tola,ward no 14,Khemka Villa, Gali no. 01 Colganj, PS- Kahalgaon, District-
Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vigilance Investigation Bureau, Govt. of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, A.P.P.
For the Vigilance : Mr. Arvind Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-04-2026 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 409, 420, 467, 468, 471
and 120 (b) of the Indian Penal Code.
3. It is alleged that appointment of candidates as
Teachers was made based on forged and fabricated certificates
and petitioner, being Member Secretary of the appointment
committee, was not vigilant to get the certificates verified.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. The
decision of appointment was a collective decision of the whole
appointment committee, comprising of five members and as
such, petitioner along cannot be held responsible for the same.
Patna High Court CR. MISC. No.6316 of 2026(3) dt.27-04-2026
2/2
Similarly situated co-accused being Chairman and other
members of the appointment committee have already been
granted anticipatory bail by co-ordinate Bench of this Court
vide Annexure-P/3 and concerned teacher, namely, Abhishek
Kumar has also been granted anticipatory bail by co-ordinate
Bench of this court vide order dated 20.10.2022 passed in Cr.
Misc. No. 31295 of 2022.
5. Learned counsel for the opposite parties
vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, 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 Chief Judicial
Magistrate, Begusarai in connection with Bakhri P. S. Case No.
39 of 2022, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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