Patna High Court
Mahesh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is to be granted as the petitioner is superannuated, departmental proceedings are pending, and he has clean antecedents.
Summary
The petitioner, Mahesh Prasad, was charged under several IPC sections for allegedly forging his date of birth to continue in service with the Bihar School Examination Board. He contended that the discrepancy arose from a clerical error, that his birth date was corrected in official records, and that he had retired in 2014 with clean antecedents. The FIR was lodged in 2017, more than three years after his superannuation, and departmental proceedings were already underway. The State and the B.S.E.B. opposed the grant of anticipatory bail. Considering the petitioner’s retirement, ongoing departmental action, and lack of prior blemishes, the Court allowed the prayer for anticipatory bail, directing bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to a retired government employee accused of forgery and related offences under the IPC.
- Whether the delay in filing the FIR and the existence of departmental proceedings affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 120B, 417, 418, 419, 420, 465, 466, 468
Subjects
- anticipatory bail
- forgery
- date of birth
- superannuation
- departmental proceedings
- Indian Penal Code
- Section 482 CrPC
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81107 of 2025
Arising Out of PS. Case No.-660 Year-2017 Thana- KOTWALI District- Patna
======================================================
Mahesh Prasad S/O Late Rup Lal Yadav R/O Village- Raja Kharbar, P.S-
Sakatpur, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Suraj Narain Yadav, Advocate
For the State : Mr. Ram Sumiran Rai, APP
For the B.S.E.B. : Mr. Gyan Shankar, Advocate
Ms. Ankita Roy, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the B.S.E.B..
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 417, 418,
419, 420, 465, 466, 468 and 120B of the Indian Penal Code.
3. As per prosecution case, it is alleged that this
petitioner fraudulently continued in service by using a forged
date of birth. It is specifically alleged that date of birth of this
petitioner was officially recorded as 20.01.1954, however, he
allegedly used a fabricated date of birth i.e. 20.01.1958,
supported by a forged certificate and unlawfully extended his
Patna High Court CR. MISC. No.81107 of 2025(5) dt.22-04-2026
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service.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, petitioner was
appointed as an Assistant in the Bihar Intermediate Education
Council, Patna (now Bihar School Examination Board) and
thereafter, promoted to the pose of Selection Grade Assistant
and subsequently to Section Officer. The date of birth of the
petitioner was entered in his service book, after making
verification of D.T.R., as 20.01.1958, however, due to mistake
of records, the date of birth of the petitioner has wrongly been
recorded as 20.01.1954 in the Matriculation Certificate. It is
further submitted that the petitioner also filed an application for
correction of his date of birth, which was duly forwarded by the
Head Master of the School and after corrections, the date of
birth was updated as 20.01.1958 and English version of the
matriculation certificate was issued, copy of which is Annexure-
P/2 to this bail petition. Moreover, the petitioner has already
been made to superannuate from his services on 31.01.2014 and
the present F.I.R. has been lodged after inordinate delay of more
than 3 years in the year 2017 and there is no plausible
explanation for the inordinate delay. It is lastly submitted that
Patna High Court CR. MISC. No.81107 of 2025(5) dt.22-04-2026
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departmental proceedings have already been initiated against
this petitioner. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the B.S.E.B. have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation, fact that petitioner has already
superannuated from his services, departmental proceedings have
also been initiated and clean antecedents of the petitioner, the
prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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,
Patna in connection with Kotwali P.S. Case No. 660 of 2017,
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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