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2026 DAILYLAW 29252 (PAT)

Rajesh Kumar Mishra @ Rajesh Kumar v. The State of Bihar

CR. MISC./56481/2026 · 2026-08-19

Anshuman

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56481 of 2026 Arising Out of PS. Case No.-65 Year-2025 Thana- Madhusudanpur District- Bhagalpur ====================================================== Rajesh Kumar Mishra @ Rajesh Kumar S/O Late Narayan Mishra R/O Village- Sahebganj, Charch Road, Near Hanuman Mandir, P.O- Champanagar, Mohanpur, P.S- University, Distt.- Bhagalpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jagjit Roshan, Adv. For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends arrest in connection with Madhusudanpur P.S. Case No. 65 of 2025 lodged on 28.04.2025, for the offence punishable under Sections 420, 467, 468, 471 & 120(B) of the Indian Penal Code. 3. As per the prosecution, FIR has been lodged against the present petitioner and some unknown persons with allegation that they have procured the employment on the post of Block Teacher by using forged and fake certificates which were duly verified in pursuant to the order of this Court in CWJC No. 15459 of 2014 by the Vigilance Investigation Bureau and the same was found to be forged and fabricated leading to Patna High Court CR. MISC. No.56481 of 2026(2) dt.19-08-2026 2/3 institution of the present FIR. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the present FIR has been registered after inordinate delay of almost two years three months and in this regard, there is no explanation in the fardbayan. Counsel further submits that similarly situated co-accused person has already been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 22.07.2026 passed in Cr. Misc. No. 48498 of 2026. He further submits that the petitioner has clean antecedent and he is ready to fulfill all the conditions whatsoever shall be imposed upon him. Counsel further submits that whatever money the petitioner has received between 25.01.2023 to 27.04.2025 (prior to date of present FIR), he is ready to deposit the same before the District Education Office, Bhagalpur within four months. 5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that provisional bail may be granted to the petitioner if he deposits the money before the concerned District Education Office. 6. As such, in the present facts and circumstances of the case, let the above-named petitioner be released on Patna High Court CR. MISC. No.56481 of 2026(2) dt.19-08-2026 3/3 provisional bail for four months, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of A.C.J.M.-VIII, Bhagalpur in connection with Madhusudanpur P.S. Case No. 65 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. 7. The provisional bail granted to the petitioner shall be confirmed only upon the deposit of the amount received by him during the period of service from 25.01.2023 to 27.04.2025 (prior to the date of registration of the present FIR), payable to the office of District Education Officer, Bhagalpur within four months. If the petitioner fails to deposit the said amount within the stipulated period of four months, his bail bond shall be cancelled by the Trial Court itself. 8. Accordingly, the present bail application stands disposed off. Divyansh/- (Dr. Anshuman, J) U T