Sanjay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23415 of 2025 Arising Out of PS. Case No.-21 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Sanjay Das Son of Jagdish Das Resident of Village- Birbasa, P.S.- Pasraha, Distt.- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Investigation Bureau, Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocates For the Vigilance : Mr. Arvind Kumar, Advocate For the State :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-08-2025 Heard Mr. Manoj Kumar Singh, learned counsel for the petitioner, Mr. Arvind Kumar, learned counsel for the Vigilance and Mr. Ajay Mishra, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 23.03.2024, in connection with Pasraha P.S. Case No. 21 of 2023, F.I.R. dated 11.02.2023 registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. Allegation against the petitioner is that he has furnished the fake certificate for obtaining the job of teacher.

4. Earlier the anticipatory bail of the petitioner was granted vide order dated 10.01.2024 passed in Cr. Misc. No. 81034 of 2023 but the petitioner has not surrendered in terms of the order

Patna High Court CR. MISC. No.23415 of 2025(9) dt.08-08-2025 2/3 dated 10.01.2024.

5. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. As per allegation in the F.I.R., the petitioner has furnished the fake certificate for obtaining the job and also furnished fake certificate for a training. In fact, the petitioner has obtained 359 marks in his Matriculation Certificate but he has mentioned in the application form that he has passed in First Division. Learned counsel for the petitioner submits that he has furnished the details as he has received from the competent Board/University and after filing of the present F.I.R. he resigned from the post in question from the Jail itself. He further submits that similarly situated co-accused persons have been granted bail by this Court or by a Coordinate Bench of this Court and the petitioner is in custody since 23.03.2024.

6. Learned counsel for the Vigilance and learned Additional Public Prosecutor for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner.

7. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing

Patna High Court CR. MISC. No.23415 of 2025(9) dt.08-08-2025 3/3 bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria in connection with Pasraha P.S. Case No. 21 of 2023, 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 shall remain physically present as directed 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) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T