Rakesh Chandra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78441 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- NAGARNAUSA District- Nalanda ====================================================== Rakesh Chandra S/O Nagendra Prasad R/O Vill. - Katauna, P.S - khusrupur, Dist.- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Department of Vigilance, Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Shankar Prasad Singh For the Opposite Party/s :
Mr. Ajay Mishra For the Vigilance Mr. Arvind Kumar Mr. Paritosh Parimal ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the Vigilance.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.
3. As per the prosecution story, the allegation against the petitioner is that he had obtained appointment on the post of Panchayat Teacher on the basis of forged mark-sheet.
4. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated. It has been submitted that the petitioner was appointed in the year 2015 after due
Patna High Court CR. MISC. No.78441 of 2024(7) dt.26-06-2025 2/3 verification of all documents. He was not asked for any show cause by the Education Department regarding any fake certificates. As a matter of fact, he had submitted mark-sheet of 2nd Division and the mark-sheet sent for verification is not within his knowledge. However, it would be evident from memo no. 727 dated 17.06.2025, the District Programme Officer, Nalanda has cancelled the appointment of the petitioner along with other 9 candidates and the same has been brought on record by way of Annexure-P/3 to the second supplementary affidavit.
5. Further, similarly situated persons have already been granted bail by co-ordinate Bench of this Court vide order dated 16.12.2024 and 18.01.2025 passed in Cr. Misc. No. 81770 of 2024 and Cr. Misc. No. 64811 of 2024 respectively.
6. However, learned counsel for the Vigilance has opposed the prayer for anticipatory bail of the petitioner on the ground that upon inquiry and verification, it is has been found he has obtained appointment on the basis of forged mark-sheets.
7. Considering all the above mentioned facts and circumstances and also considering the fact that the petitioner has been terminated from service, let the above named petitioner in the event of his arrest or surrender before the learned Court
Patna High Court CR. MISC. No.78441 of 2024(7) dt.26-06-2025 3/3 below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees 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 Nagarnausa P.S. Case No. 113 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. (Soni Shrivastava, J) devendra/- U T