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Patna High Court

Rakesh Chandra Prasad Roy @ Rakesh Chandra Prakash RoyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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