Patna High Court
Rakesh Chandra Prasad Roy @ Rakesh Chandra Prakash RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Rakesh Chandra Roy, sought anticipatory bail fearing arrest in a case (Kotwali P.S. Case No. 615 of 2025) alleging forgery of a teaching certificate and offences under sections 336(3), 336(4), 318(4), 338 and 340(2) of the Indian Penal Code. The prosecution alleged that the certificate submitted with his application for an Assistant Professor post was forged, leading to the FIR. The petitioner contended that a genuine certificate had been issued, he had no prior criminal record, and he was being unfairly targeted. The State opposed the bail, maintaining that the certificate was indeed forged. Considering the pending FIR, the petitioner’s clean record, and the principle of anticipatory bail, the court granted bail with stringent conditions, including sureties, appearance before the trial court, cooperation with police, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the alleged forgery of a teaching certificate.
- Whether the petitioner’s lack of prior criminal antecedent warrants the grant of bail.
- Whether the conditions imposed are sufficient to safeguard the investigation and trial.
Legislation cited
- Indian Penal Code — s. 318(4), 336(3), 336(4), 338, 340(2)
Subjects
- anticipatory bail
- forgery
- teaching certificate
- Indian Penal Code
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7931 of 2026
Arising Out of PS. Case No.-615 Year-2025 Thana- KOTWALI District- Patna
======================================================
Rakesh Chandra Prasad Roy @ Rakesh Chandra Prakash Roy S/o-
Ramchandra Prasad Roy Resident of Village- Banma, ward no 11, Itahri,
Police Station- Salakhua, District-Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Kotwali P.S. Case No. 615 of 2025 for the
offence under sections 336(3), 336(4), 318(4), 338 and 340(2)
of the BNS lodged on 14.10.2025 by the informant, Satyendra
Kumar.
3. As per the prosecution story, the informant alleged
that pursuant to the advertisement for the post of Assistant
Professor in Political Science, the petitioner submitted the
application. The attached teaching certificate issued by the
Bhupendra Narayan Mandal University, Madhepur, on
verification, was found to be forged. This led to the FIR.
4. Learned counsel for the petitioner submits that a
Patna High Court CR. MISC. No.7931 of 2026(3) dt.01-04-2026
2/3
proper certificate was issued/submitted but he now faces the
criminal case against him as also losing of the candidature and
he will be taking appropriate steps in accordance with law in
this regard. The last submission is that the petitioner do not have
any criminal antecedent.
5. Learned APP opposes the prayer submitting that the
certificate was found to be forged.
6. Taking into account the submissions of the parties
as also that the FIR has been lodged, petitioner will be facing
the trial and he has no criminal antecedent, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Patna in
connection with Kotwali P.S. Case No. 615 of 2025 subject to
the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
Patna High Court CR. MISC. No.7931 of 2026(3) dt.01-04-2026
3/3
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…