Patna High Court
Rabindra Kumar MahtoversusThe State of Bihar, through viglance
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Rabindra Kumar Mahto, was charged under IPC sections 420, 467, 468, 471 and 120B for allegedly obtaining a Panchayat Teacher appointment using forged certificates. He had previously applied for pre‑arrest bail, which was denied on 30‑07‑2024. The petitioner contended that he had resigned from the post on 12‑12‑2023, possessed a clean antecedent, and was innocent of the alleged offences. The State opposed the bail application. Considering the resignation, clean antecedent and the nature of the allegations, the Court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious charges under the IPC
- Whether the resignation and clean antecedent justify the grant of bail
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- forgery
- IPC
- Section 420
- Section 467
- Section 468
- Section 471
- Section 120B
- resignation
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91655 of 2025
Arising Out of PS. Case No.-201 Year-2023 Thana- NAGARNAUSA District- Nalanda
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Rabindra Kumar Mahto Son of Janakdev Mahto R/o Village - Hanuman
Gadh, P.O. - Chandi, P.S. - Chandi, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar, through vigilance Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the Opposite Party/s : Mr. Arvind Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 420, 467, 468, 471,
120B of the Indian Penal Code.
3. Earlier the prayer for pre-arrest bail of the
petitioner was rejected vide order dated 30.07.2024 passed in Cr.
Misc. No. 38902 of 2024.
4. As per F.I.R., this petitioner procured appointment
on the post of Panchayat Teacher on the basis of forged and
fabricated certificate.
5. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Moreover,
petitioner has already resigned from the post of Panchayat
Teacher on 12.12.2023 vide Annexure-P4 to the application.
Patna High Court CR. MISC. No.91655 of 2025(2) dt.10-02-2026
2/2
Petitioner claims clean antecedent.
6. Learned A.P.P. for the State vehemently opposed
the bail application.
7. Considering the fact that petitioner has already
resigned from the service and bears clean antecedent, this
anticipatory bail is allowed and it is ordered that let the above
named petitioner in the event of his arrest/surrender before the
court below within a period of eight weeks from today, 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 Additional Chief Judicial Magistrate I, Hilsa,
Nalanda in connection with Nagarnausa P. S. Case No. 201 of
2023, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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