Patna High Court
Arvind PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120(B), 409, 420, 467, 468, 471
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
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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
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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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