Patna High CourtCR. MISC./10562/2026bail granted

Kailash Das v. The State Of Bihar

2026-03-12Mr. Justice Dr. Anshuman4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10562 of 2026 Arising Out of PS. Case No.-201 Year-2022 Thana- PRANPUR District- Katihar ====================================================== Kailash Das Son of Dayal Das Resident of Chhoti Bhaisdiyara, P.S.- Barari, District- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Mandal, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Pranpur (Roshna) P.S. Case No. 201 of 2022, dated 14.09.2022, lodged under Sections 420, 467, 468, 120(B) and 471 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against the sole accused person other than the present petitioner. The Panchayat teacher, namely Neelam Kumari, who was posted at Primary School, Kahjunia Panchayat Gauripur, Block Pranpur, District Katihar. The verification of the certificate of the said teacher was made by the Vigilance Investigation Bureau, specifically, the mark sheet and certificate issued by the Sanskrit Shiksha Board in favor of the teacher were found to be forged.

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4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner's name has surfaced later during investigation, and the petitioner was the Panchayat Secretary at the relevant period of time, but in the investigation it has come that he has conspired with the main accused and allowed her to get selected using a forged certificate. Counsel further submits that, in this regard, the main accused person had placed forged and fabricated certificates at the time of selection. Counsel further submits that her appointment was made with the condition that if the certificate is found to be forged, then she shall be removed and action shall be taken against her.

Counsel further submits that the selection was not made by the petitioner, rather, it was made by the Committee members, and the Coordinate Bench of this Hon'ble Court has been pleased to grant anticipatory bail to the accused committee members vide order dated 12.08.2025 passed in Cr. Misc. No. 52349 of 2024, annexed as Annexure-P/3. Counsel further submits that the main accused person has also been granted anticipatory bail vide order dated 10.04.2023 passed in Cr. Misc. No. 5845 of 2023, annexed as Annexure-P/2. Counsel further submits that the petitioner has clean criminal antecedent.

3/4 that the petitioner is aged about 63 years and is ready to fulfill all the conditions whatsoever shall be imposed by this Court.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner's name has come up as a conspirator in the present case.

6. As such, in the present facts and circumstances of this case, and particularly considering that the petitioner is not named and similarly situated persons have already been granted bail by the Co-ordinate Bench of this Court, let the abovenamed petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Judicial Magistrate 1st Class, Katihar, in connection with Pranpur (Roshna) P.S. Case No. 201 of 2022, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

7. The Trial Court is hereby directed to verify the criminal antecedent of the petitioner, and in case it is found at any stage that the petitioner has concealed his criminal antecedent, the Trial Court shall take steps for cancellation of the petitioner's bail bond. However, the acceptance of the bail

4/4 bond in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Dr. Anshuman, J.) Aman Kumar/- U T