Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72071 of 2025 Arising Out of PS. Case No.-600 Year-2025 Thana- GAYA MUFASIL District- Gaya ====================================================== Binod Kumar S/O Ramdeo Prasad R/O Village- Baradih, P.S.- Muffasil, Dist.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vigilance Bihar Patna Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Ajay Mishra, APP Mr. Arvind Kumar, Law Officer, Vigilance Mr. Paritosh Parimal, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-11-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and 60 of the Bharatiya Nyaya Sanhita. 3.

The learned counsel appearing on behalf of the petitioner submits that petitioner is a person with clean antecedents and the inforamnt alleges that petitioner secured appointment as teacher based on forged B.Ed. certificate. 4.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that prior to institution of the

Patna High Court CR. MISC. No.72071 of 2025(2) dt.11-11-2025 2/3 instant FIR, no show cause was issued to the petitioner to explain his side of the case. It is further submitted that had an opportunity been given to the petitioner to explain his side of the case, perhaps the instant FIR would not have been instituted. 5.

At this stage, the learned counsel appearing on behalf of the Vigilance submits that petitioner despite being involved in the instant case has not submitted his resignation, on which the learned counsel appearing on behalf of the petitioner submits that since an FIR was instituted as such petitioner was apprehending arrest but if the privilege of anticipatory bail is granted to the petitioenr, the petitioner will tender his resignation forthwith and will cooperate in the trial to prove his innocence.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mufassil P.S. Case No. 600 of 2025, subject to the conditions as laid down

Patna High Court CR. MISC. No.72071 of 2025(2) dt.11-11-2025 3/3 under Section 482 (2) of the BNSS.

7.

However it is made clear that in the event if the petitioner after giving assurance to this Court, does not tender his resignation, in that event the Vigilance can approach this court seeking cancellation of anticipatory bail granted to the petitioner.

(Satyavrat Verma, J) Sumit/- U T