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Patna High Court

Pappu Kumar @ Pappu Kumar SahaniversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that bail should be granted subject to specified conditions, as the petitioner is willing to resign and cooperate with the investigation.

Summary

The petitioner, Pappu Kumar, sought anticipatory bail fearing arrest in a case (Harsidhi PS Case No. 10 of 2025) involving alleged offences under IPC sections 420, 467, 468, 471 and 120B, based on a claim that his TET certificate was forged during a vigilance enquiry ordered by a 2014 court. He argued that he was not given an opportunity to rebut the allegation and offered to resign within two weeks and cooperate with the investigation. The State opposed bail, contending that the petitioner obtained his appointment through fraud and should not enjoy bail privilege. The Court, after considering the petitioner's undertaking and noting that the appointment had been made after prior verification, granted bail subject to a bond of Rs.10,000 with two sureties, submission of his resignation letter, and the requirement that one bailor be a close family member, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order directs that the bail be effective for six weeks from the receipt of the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused of offences under IPC sections 420, 467, 468, 471 and 120B on the basis of alleged forged TET certificate.
  • Whether the petitioner’s alleged fraud in obtaining his appointment bars the grant of bail.
  • Whether the conditions imposed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • bail conditions
  • forgery
  • TET certificate
  • IPC sections 420
  • IPC sections 467
  • IPC sections 468
  • IPC sections 471
  • IPC section 120B
  • vigilance enquiry
  • Section 482
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91232 of 2025
                   Arising Out of PS. Case No.-10 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Pappu Kumar @ Pappu Kumar Sahani S/o Dinanath Sahani Resident of
                 Village- Raghunathpur, P.S.- Turkauliya District- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prateek Tandon
                 For the Opposite Party/s :       Mr.Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard the learned Advocate for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Harsidhi P.S. Case No. 10 of 2025, registered for the

                   offences punishable under Sections 420, 467, 468, 471, 120B of

                   the Indian Penal Code.

                                3. The prosecution case based upon the written report

                   alleges that in compliance with the order of this Court passed in

                   CWJC No. 15459 of 2014, an enquiry was conducted by the

                   Vigilance and in course of enquiry, the TET certificate produced

                   by the petitioner at the time of selection has been found to be

                   forged and fabricated, which led to institution of the present

                   case.

                                4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.91232 of 2025(2) dt.15-01-2026
                                            2/3




          at no point of time the petitioner had been given any opportunity

          to rebut the allegation; moreover the identically situated

          persons, on being aggrieved with the order passed by the

          Department, have approached this Court in CWJC No. 8723 of

          2019 and in their cases, they have been allowed to continue to

          discharge their duties but discrimination has been caused to the

          petitioner. Learned Advocate for the petitioner, on instruction,

          submits before this Court that the petitioner is willing to tender

          his resignation within a period of two weeks from today and

          participate in the investigation and the proceeding of the court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          petitioner has obtained his appointment by playing a fraud upon

          the Department and, as such, he does not deserve the privilege

          of anticipatory bail.

                       6. Having considered the submissions advanced by the

          learned Advocates for the respective parties and taking note of the

          undertaking of the petitioner that he intends to tender his resignation

          within fortnight and shall cooperate in the investigation, besides the

          fact the appointment took place much earlier after proper verification

          of the certificate, let the petitioner abovenamed be released on bail, in

          the event of his arrest or surrender before the court below within
           Patna High Court CR. MISC. No.91232 of 2025(2) dt.15-01-2026
                                                       3/3




                     a period of six weeks from the date of receipt/production of a

                     copy of this order, upon furnishing bail bonds of Rs.10,000/-

                     (ten thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Chief Judicial Magistrate, Motihari,

                     East Champaran in connection with Harsidhi P.S. Case No. 10

                     of 2025, subject to the conditions laid down in Section 482(2) of

                     the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further

                     conditions:

                                  (i) that the petitioner shall submit the copy of

                     resignation letter at the time of furnishing bail bond and,

                                  (ii) that one of the bailors shall be the own/close

                     family members of the petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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