Bhola Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50114 of 2025 Arising Out of PS. Case No.-299 Year-2024 Thana- Kurth District- Arwal ====================================================== Bhola Nath Singh S/o Late Roop Lal Singh R/o Village- Alawal Chak, P.O. and P.S.- Rampur Choram, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. This is the first bail application for grant of anticipatory bail of the petitioner apprehending his arrest in connection with Kurtha P.S. Case No. 299 of 2024 registered for the offence under Sections 318(4), 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita.

3. According to the case of prosecution, one case has been registered against the petitioner by the Block Education Officer, Kurtha bearing Kurtha P.S. Case No. 194 of 2023, in which it is alleged that a forged and fabricated transfer certificate has been submitted by him before the concerned Trial Court. It is further alleged that the present applicant in the year

Patna High Court CR. MISC. No.50114 of 2025(2) dt.11-08-2025 2/3 of 2016 when he was posted as Principal of the Government Middle School, Kurtha issued the said forged and fabricated transfer certificate in favour of the juvenile boy. On the direction given by the concerned Trial Court as well as on the basis of enquiry report conducted by a Committee, an F.I.R. has been registered against the present applicant for the alleged offences as mentioned hereinabove.

4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in the present case. He has been retired in the year of 2017. The alleged transfer certificate has been produced by the juvenile boy in the year 2023-2024. Referring to the reply of the show cause, Annexure-P/3, he further submits that in his show cause, the petitioner categorically mentioned the fact that such overwriting has not been done by him nor he made his signature on such type of overwriting, in spite of that, without verifying the fact from the handwriting expert, the FIR has been registered. It is prayed by the counsel that the petitioner is an old person and has been retired in the year 2017, having no criminal antecedent and false case has been registered against him, therefore, he is entitled to get benefit of anticipatory bail.

5. Learned counsel for the State opposes the

Patna High Court CR. MISC. No.50114 of 2025(2) dt.11-08-2025 3/3 arguments raised by the counsel for the petitioner.

6. Heard.

7. Perused the records as well as other materials available on record.

8. Considering the submissions made by the counsel for the petitioner and further taking into consideration the fact that the petitioner has been retired in the year of 2017 itself and without further commenting any merit of the case, I am of the view that it is a case where the petitioner should be granted benefit of anticipatory bail.

9. Accordingly, the application is allowed.

10. Let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Trial Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Arwal in connection with Kurtha P.S. Case No. 299 of 2024, subject to the condition as laid down under Section 482(2) of B.N.S.S. 2023.

(Arvind Singh Chandel , J) shailendra/- U T