Arvind Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31401 of 2025 Arising Out of PS. Case No.-43 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Arvind Paswan S/O Yogendra Paswan R/O House No.-468, Purab Tola, Ward No. 14, Khemka Villa, Gali No.-01, Colganj, P.S- Kahalgaon, Distt.- Bhagalpur. At present posted as Executive Officer at Nagar Panchayat Madhepur Susta, P.S- Kurhni, P.S- Kurhni, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vigilance Investigation Bureau, Government of Bihar. Bihar ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 31536 of 2025 Arising Out of PS. Case No.-98 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Arvind Paswan Son of Yogendra Paswan Resident of - House No.- 468, Purab Tola, Ward No.- 14, P.S.- Kahalgaon, District - Bhagalpur. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vigilance Investigation Bureau, Government of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS Nos. 31401 & 31536 of 2025) For the Petitioner/s :
Mr. Anshul, Sr. Advocate Mr. Eashita Raj, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP For the Vigilance :
Mr. Arvind Kumar, Law Officer, Vigilance Mr. Paritosh Parimal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-07-2025 Heard Learned Counsel for the petitioners, Learned Counsel for the Vigilance and Learned APP for the State in both
Patna High Court CR. MISC. No.31401 of 2025(3) dt.23-07-2025 2/3 the cases.
2. The present criminal miscellaneous applications have been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner in Cr. Misc. No.31401 of 2025, who apprehends arrest in connection with Bakhri P.S. Case Nos. 43 of 2022, lodged on 15.02.2022, under Sections 409 /420 /467 /468 /471/120B of the Indian Penal Code and petitioner in Cr. Misc. No.31536 of 2025, who apprehends arrest in connection with Bakhri P.S. Case No.98 of 2022, lodged on 01.04.2022, under Sections 420/467/468/471/120B of the Indian Penal Code.
3. As per the prosecution, the allegation against the petitioners of both the cases is that he had made appointment of the candidates having forged certificate.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that antecedent of the petitioner is not clean. He submits that petitioner is not named in the FIR and his name transpired during investigation merely because he was the Member Secretary of the Employment Unit. Counsel submits that the FIR named accused Laxmi Kumari has been granted
Patna High Court CR. MISC. No.31401 of 2025(3) dt.23-07-2025 3/3 anticipatory bail by a coordinate Bench of this Court vide order dated 28.11.2022 passed in Cr. Misc. No.34327 of 2022.
5. Learned Counsel for the Vigilance vehemently opposes the prayer for bail of the petitioners and submits that petitioner was the Member Secretary of the Teachers Employment Unit of Nagar Panchayat, Bakhri and appointment was made during his period.
6. Considering the allegation and repeated similar offence in five more cases of same nature as well as on the fact that the appointment was made during his tenure, this Court is not inclined to grant anticipatory bail to the petitioner in both the cases. Hence, anticipatory bail applications of petitioner in both the cases are rejected.
(Dr. Anshuman, J) Mkr./- U T