Prabhakar Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Prabhakar Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released, upon arrest or surrender before the learned Court below within six weeks, on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of Smt. Latika Bharti, Judicial Magistrate, 1st Class, Patna, in connection with Sachivalya P.S. Case No. 39 of 2023, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail in connection with Sachivalaya P.S. Case No. 39 of 2023, registered for offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

Court's answer

In the event of arrest or surrender before the learned Court below within six weeks, the petitioner is directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of Smt. Latika Bharti, Judicial Magistrate, 1st Class, Patna, in connection with Sachivalya P.S. Case No. 39 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail granted — Offences under Sections 420, 467, 468, 471 and 34 IPC — Case (Sachivalaya P.S. Case No. 39 of 2023, District Patna) arising from allegation that 417 candidates, including the petitioner, submitted fake and forged certificates in pursuance of an advertisement for appointment to the post of Junior Engineer; petitioner contended he was falsely implicated, the FIR was instituted in haste without inquiry, and he was never appointed to the post — Held, in the event of arrest or surrender within six weeks, petitioner to be released on anticipatory bail on bail-bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna, subject to conditions under Section 438(2) Cr.P.C.; application allowed. (Satyavrat Verma, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43128 of 2025

Arising Out of PS. Case No.-39 Year-2023 Thana- SACHIVALAYA District- Patna

======================================================

Prabhakar Kumar S/O Ganesh Mahto R/O Village- Samastipur, Near Matali Baba Sthan, P.S- Sahebpur Kamal, Distt.- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Sandip Kumar Gautam For the Opposite Party/s : Mr.Bhanu Pratap Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 19-09-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent. It is next submitted that informant alleges that 417 candidates including the petitioner submitted fake and forged certificate in pursuance of an advertisement issued for appointment on the post of Junior Engineer.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is next submitted that FIR came to be instituted in haste without

Patna High Court CR. MISC. No.43128 of 2025(3) dt.19-09-2025 2/2

holding an inquiry. It is also 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. It is further submitted that petitioner has not been appointed on the post of Junior Engineer.

Learned A.P.P. opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Smt. Latika Bharti, the learned Judicial Magistrate, 1^st Class, Patna in connection with Sachivalya P. S. Case No.39 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

vikash/-

U T