Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42405 of 2025 Arising Out of PS. Case No.-206 Year-2025 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Nagendra Kumar S/o Sita Ram Pal R/o Village- Padhauti, P.S.- Bhagwanpur, District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh, Adv.

Mr. Karan Kumar, Adv.

Mr. Subh Raj, Adv.

For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-10-2025 Heard the parties.

2. The petitioner apprehends his arrest in connection with Chainpur P.S. Case No. 206 of 2025, registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

3. The allegation against the petitioner is of procuring his appointment on the post of Physical Teacher in Upgraded Middle School, Block Chainpur, based upon the forged and fabricated certificates.

4. Learned Advocate for the petitioner submitted that in pursuant to the order of this Court in CWJC No. 15459 of 2014, verficiation of the certificates of the petitioner along with other candidates was done and on being found the certificates of

Patna High Court CR. MISC. No.42405 of 2025(3) dt.15-10-2025 2/3 the petitioner forged and fabricated, the present FIR came to be instituted. In fact, the petitioner is himself a victim of the circumstances whose appointment was done way back in the year 2008 after proper verification of the certificates and at no point of time any allegation has been levelled regarding correctness of the certificates of the petitioner. When objection has been raised against the genuineness of the certificates, the petitioner had also approached before the District Appellate Authority by preferring an Appeal No. 64 of 2011, which came to be allowed and the petitioner was allowed to join on the post.

It is fuhrer submitted that be that as it may, the petitioner has already been punished sufficiently and now removed from the service by the order as contained in Memo No. 350 dated 29.05.2025 issued by the Teachers Employment Unit, copy of which has also been produced by the petitioner through supplementary affidavit. The petitioner undertakes that he will fully cooperate in the proceeding of the court, besides he bears fair antecedent.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the appointment of the petitioner has been found to be illegal, which was procured on the basis of forged and fabricated certificates.

Patna High Court CR. MISC. No.42405 of 2025(3) dt.15-10-2025 3/3 The petitioner has caused loss to the government exchequer.

6. Having considered the submissions made by the learned Advocates for the respective parties and taking note of the fact that the petitioner has now been dismissed from service, besides the fact his joining was accepted in pursuant to the direction of the District Appellate Authority, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM Vth, Kaimur (Bhabha) in connection with Chainpur P.S. Case No. 206 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) Anjani/- U T