Patna High Court
Krishna KumarversusThe State of Bihar through DY. S.P. Vigilance Bihar, Patna.
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail may be granted to the petitioner notwithstanding the serious charges, provided strict conditions are imposed to ensure his cooperation and prevent tampering with evidence.
Summary
Krishna Kumar was arrested for allegedly forging his intermediate mark‑sheet and certificate to obtain a government teaching post, and is charged under IPC sections 420, 467, 468, 471 and 120(b). He applied for bail, claiming innocence, lack of prior criminal record, and that he had submitted all required documents at the time of appointment. The State opposed bail, citing the seriousness of the offences. The court, after considering the petitioner's claim of innocence, the filing of a charge‑sheet, and the absence of any indication of flight risk or tampering, ordered his release on bail subject to strict conditions, including cooperation with the trial and surety requirements. The bail order also stipulated cancellation of bail for non‑appearance on two consecutive dates or for tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the petitioner accused under sections 420, 467, 468, 471 and 120(b) of the Indian Penal Code
Legislation cited
- Indian Penal Code — s. 120(b), 420, 467, 468, 471
Subjects
- bail
- forgery
- Indian Penal Code
- teacher appointment
- criminal procedure
- section 420
- section 467
- section 468
- section 471
- section 120(b)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87589 of 2025
Arising Out of PS. Case No.-112 Year-2022 Thana- GHORASAHAN District- East
Champaran
======================================================
Krishna Kumar, S/o Birendra Prasad, R/o Village- Mathiya Bhopat, P.S.-
Lakhaura, Distt.- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through DY. S.P. Vigilance Bihar, Patna. Bihar
2. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II, Adv.
For the Vigilance : Mr. Arvind Kumar, Adv.
Mr. Paritosh Parimal, Adv.
For the State : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Ghorasahan (Lakhaura) P.S. Case No. 112 of 2022 dated
08.03.2022 registered for the offence punishable under
Sections 420, 467, 468, 471 and 120(b) of the Indian Penal
Code.
3. The allegation against the petitioner is that he
got government job of Teacher on the basis of forged and
fabricated Intermediate Mark-Sheet and Certificate.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.87589 of 2025(3) dt.11-02-2026
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the petitioner is innocent and has been falsely implicated in
this case. It is submitted that at the time of appointment, the
petitioner furnished all his educational certificates and after
due verification, he was appointed on the post of Teacher. It
is submitted that on the direction of this Court, the present
case has been lodged against the said petitioner. It is also
submitted that on account of incarceration of the petitioner,
he could not resign from his service. Further, it is submitted
that the petitioner undertakes to resign from his service, the
moment he is released from custody. It is also submitted
that similarly situated several other persons have already
been granted bail in different cases. The petitioner is in
custody since 15.09.2025, having no criminal antecedents
and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.87589 of 2025(3) dt.11-02-2026
3/3
C.J.M., Motihari, East Champaran in connection with
Ghorasahan (Lakhaura) P.S. Case No. 112 of 2022, subject
to the following conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
(Khatim Reza, J)
prabhat/-
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