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Patna High Court

Arvind PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail to the petitioner, subject to a bond and sureties, under Section 482 of the CrPC.

Summary

The petitioner, Arvind Paswan, applied for anticipatory bail anticipating arrest in a case involving alleged forgery and cheating related to a teacher appointment, with offences under IPC sections 409, 420, 467, 468, 471 and 120(B). He argued that he was falsely implicated, that the forged marksheet was submitted by the candidate, and that any lapse on his part was merely procedural. The State opposed the bail, citing the seriousness of the offences and the petitioner’s antecedent criminal history of five cases. The Court considered the submissions, noted a prior anticipatory bail order in a related matter, and held that the petitioner could be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482 of the CrPC. Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether anticipatory bail should be granted despite the petitioner’s antecedent cases and the serious nature of the alleged offences under the IPC.
  • Whether the petitioner’s role as a member of the appointment committee makes him liable for the alleged forgery and cheating.
  • Whether the conditions prescribed under Section 482 of the CrPC are satisfied to justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • cheating
  • appointment committee
  • Indian Penal Code
  • Criminal Procedure Code
  • Section 482
  • bail conditions
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6329 of 2026
                      Arising Out of PS. Case No.-43 Year-2022 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Arvind Paswan Son of Yogendra Paswan Resident of House No. 468, Purab
                 Tola, Ward No. 14, Khemka Villa, Gali No. 01 Colganj, P.S.- 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.Rajendra Kumar Jain
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   30-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 409, 420, 467, 468, 471, 120(B) of the Indian Penal

                   Code.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases. It is next submitted

                   that the allegations as alleged in the FIR is that Laxmi Kumari

                   in the Year 2011 had scored 110 marks in BETET Examination

                   and based on the said marks, she secured appointment as

                   Teacher but on verification, it was found that the marks-sheet
Patna High Court CR. MISC. No.6329 of 2026(4) dt.30-04-2026
                                            2/3




          actually belongs to one Anand Kumar.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is also submitted that no doubt, petitioner has

          antecedent of five cases but then the same relates to such

          appointment. It is also submitted that petitioner was one of the

          members of the Appointment Committee and the certificate was

          submitted by the candidate seeking appointment as Teacher, at

          that point of time, the certificate is not verified and

          subsequently, in terms of the Rules the certificate submitted is

          required to be verified by the concerned institution. It is next

          submitted that no prudent person, knowing that the candidate

          who has submitted i.e. forged and fabricated, would give

          appointment and thus creates evidence against himself for

          getting implicated. It is also submitted that there may be some

          dereliction on part of the petitioner in carrying out with his duty

          but then in the nature of allegations as alleged, the petitioner

          cannot be faulted. It is also submitted that no doubt, petitioner

          has antecedent of five cases but then all the FIR was instituted

          for the reason that petitioner was the Member of the

          Appointment Committee. It is also submitted that Mahendra

          Poddar had approached this Court earlier seeking anticipatory
               Patna High Court CR. MISC. No.6329 of 2026(4) dt.30-04-2026
                                                           3/3




                         bail by filing Cr. Misc. No.88068 of 2024 and the same came to

                         be allowed by an order dated 28.02.2025.

                                      5. Learned A.P.P. Sri Chandra Bhushan Prasad

                         opposes the anticipatory bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner, above-named, in the

                         event of his arrest or surrender before the learned Court below

                         within a period of six weeks, is directed to be released on bail

                         on his furnishing bail-bonds in the sum 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 Bakhri P. S. Case

                         No.43 of 2022, subject to the conditions laid down under

                         Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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