Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81520 of 2025 Arising Out of PS. Case No.-234 Year-2025 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Manish Kumar S/o Late Ganesh Singh Resident of village- Hatti tola, P.S. - Angiyao Bazar, Distt- Bhojpur ... ... Petitioner
Versus
1.
The State of Bihar 2.
Union of India through Special Vigilance Unit India ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Mohit Shriwastava, Advocate For the Opposite Party/s :
Mr.Ajay Mishra, APP For the Vigilance :
Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Ara Muffasil P.S. Case No. 234 of 2025 registered for the offences punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.
3. As per FIR, petitioner alleged to obtain job of government teacher on the basis of forged and fabricated educational documents/certificates.
4. Learned counsel appearing on behalf of the petitioner submitted that out of confusion, the petitioner was
2/4 implicated with the present case and FIR was lodged against him, which is the result of the mass drive. It is submitted that in fact the petitioner is himself a victim and merely on the basis of FIR, he was removed from service without any order in writing and as such being a bonafide employee, when he approached before the authority concerned for his joining, he was not allowed to join.
5. It is submitted that being aggrieved with the aforesaid decision of the authority concerned, the petitioner preferred writ application before this Court which was disposed vide order dated 05.02.2026 passed in C.W.J.C. No. 1802 of 2026, wherein learned coordinate Bench of this Court directed the District Education Officer, Bhojpur, Ara to pass a reasoned and speaking order qua grievance of the petitioner. It is submitted that all the documents relied upon by the petitioner is genuine and, therefore, lodging of the present FIR is false on the part of the authority concerned.
6. Arguing further, it is submitted that petitioner could not avail the amnesty scheme as approved by the Hon'ble Division Bench of this Court through CWJC No. 15459/2014,
3/4 for the reason that he is under believe that his certificate is genuine and, therefore, no occasion to avail any amnesty scheme which was given for one time to those teachers who were submitted their forged certificates before the authority concerned. Petitioner claimed clean antecedent.
7. Learned counsel appearing on behalf of the Department of Vigilance submitted that allegation against the petitioner is specific qua submitting forged and fabricated documents.
8. In view of aforesaid submission and by taking note of the fact as the petitioner appears fighting for his claim in support of genuineness of his degree and also considering the nature of overall accusation, above-named petitioner, who is a man of clean antecedent, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - 6th, Bhojpur at Ara/concerned court in connection with Ara Muffasil P.S. Case No. 234 of 2025,
4/4 subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T