Rajeev Paswan v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR Mr. Sadanand Roy, Adv. Mr. Navin Kumar Pandey, APP ORAL ORDER 5 24-07-2026 Heard the learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Chakai P.S. Case No. 258 of 2025, registered for the offences punishable under Sections 420, 467, 468, 471 & 120-B of IPC.

The allegation against the petitioner is of procuring the appointment on the post of Panchayat Teacher, based upon forged and fabricated mark-sheets/certificates, which fact has been reported on verification of the certificates in pursuant to the order passed by this Court in CWJC No. 1545 of 2014.

Learned Advocate for the petitioner submitted that the petitioner was duly appointed on the post of Shiksha Mitra in the year 2003 and later on his services was observed after Patna High Court CR. MISC. No.24126 of 2026(5) dt.24-07-2026 coming into force of Bihar Panchayat Primary Teachers (Appointment and Service Condition) Rules, 2007 with effect from 01.07.2006. At no point of time, the mark- sheets/certificates were questioned by any of the authorities, but subsequently in pursuant to the order of this Court, the verification has been made and suspicion has been raised with respect to educational certificate of the petitioner. The petitioner himself is a victim of the circumstances, moreover, after institution of the present case, the petitioner has tendered his resignation on 21.11.2025, which was duly accepted by the competent authority. To support the aforesaid contention, a supplementary affidavit has been filed on behalf of petitioner bringing on record the letter of resignation. The petitioner bears fairs antecedent and he undertakes that he will fully cooperate in the proceeding of the court.

On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that by procuring appointment fraudulently and receiving salary thereupon, the petitioner has caused serious loss to the Government exchequer.

Having considered the submissions advanced by the learned Advocates for the respective parties and taking note Patna High Court CR. MISC. No.24126 of 2026(5) dt.24-07-2026 of the fact that the appointment of the petitioner was taken place two decades ago and now the petitioner has already tendered his resignation, which has been duly accepted by the competent authority, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Chakai P.S. Case No. 258 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. sumit/- U T (Harish Kumar, J)