Prakash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58427 of 2025 Arising Out of PS. Case No.-22 Year-2024 Thana- CHANDRADIP District- Jamui ====================================================== Prakash Prasad, S/O Kesherdev Prasad Prakhand Shikshak, R/O Vill and P.O.- Ghushkuri, P.S.- Ariaria, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Chandradeep P.S. Case No. 22 of 2024 registered for the offences under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. As per the prosecution case, the informant gave a written report to the S.H.O., Chandradeep police station stating therein that in pursuance to the directions of the Hon'ble High Court, Patna, regarding the inquiry of educational documents of teachers, it was found that the petitioner/Prakash Prasad (Prakhand Shikshak) had submitted the mark-sheet, wherein it was shown that he had received 663 marks, however, from verification it was found that there was interpolation in the

2/4 aforesaid total marks, which was found to be 548 and hence it was alleged that the block teacher Prakash Prasad (petitioner) and others in collusion with other persons had prepared forged and fabricated mark sheet and certificate of matriculation and on that basis they have got appointed.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated and the mark sheet which was submitted by the petitioner was correct. It has been submitted that such fact that the mark sheet submitted by the petitioner was correct is now substantiated by the fact that the Vigilance Bureau, Patna, had got the same inquired again from the Bihar School Examination Board vide letter dated 24.04.2024, which has been brought on record by way of Annexure P/2 series and the Bihar School Examination Board through its Vigilance Officer has informed that the marks of the petitioner i.e. 663 was indeed correct. The learned counsel for the petitioner submits that it was on a misconceived notion that the present FIR has been filed against the petitioner and no case, prima facie, is made out against the petitioner in view of the subsequent verification report submitted by the Vigilance Officer, Bihar School Examination Board. It has lastly been submitted that the petitioner carries a clean antecedent, and

3/4 he has been working since 2013.

5. Learned APP for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid submission, facts and circumstances of the case and taking into account the documents which has been brought on record by way of Annexure P/2 series, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Chandradeep P.S. Case No. 22 of 2024 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.

(ii) The petitioner shall remain physically present in Court on each date of the trial.

(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of

4/4 the petitioner will be liable to be cancelled by the Court concerned.

(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned 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 antecedent, 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.

7. Accordingly, the prayer for anticipatory bail is allowed.

(Sourendra Pandey, J) manoj/- U T