Bhushan Prasad vs The State Of Bihar on 8 July, 2026

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    Patna High Court – Orders

    Bhushan Prasad vs The State Of Bihar on 8 July, 2026

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.44853 of 2026
                        Arising Out of PS. Case No.-19 Year-2026 Thana- BABUBARHI District- Madhubani
                     ======================================================
                     Bhushan Prasad Son of Sri Achchhelal Singh Resident of village Siktiyahi,
                     Sihula, P.S.- Babubarhi, District - Madhubani.
    
                                                                                     ... ... Petitioner/s
                                                          Versus
               1.    The State of Bihar
               2.    Vigilance Bureau, Head Quarter, Patna, Bihar Bihar
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner      :       Mr. Abhinav Kumar, Advocate
                     For the State           :       Mr. Ajay Mishra, A.P.P.
                     For the Vigilance       :       Mr. Arvind Kumar, Advocate
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                           ORAL ORDER
    
    2   08-07-2026

    Heard the learned counsel for the petitioner, the

    learned A.P.P. for the State as well as the learned counsel

    SPONSORED

    appearing on behalf of the Vigilance Investigation Bureau.

    2. The petitioner apprehends his arrest in connection

    with Babubarhi P.S. Case No. 19 of 2026 for allegedly having

    committed offences under Sections 420, 467, 468, 471 and

    120(B) of the Indian Penal Code.

    3. As per the prosecution story, which has been lodged

    on the basis of the written report submitted by the informant, to

    the effect that pursuant to the orders passed by a Hon’ble

    Division Bench of this Court in P.I.L. bearing C.W.J.C.

    No.15459 of 2014 whereby the Vigilance Investigation Bureau

    was directed to verify the records relating to appointment of
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    teachers. The records of the petitioner was also examined and

    the petitioner’s training certificate Exam Seat No.280, Year

    1993, Marks-844, Grade- First was also sent for verification. As

    per the report dated 06.05.2025 received from the Directorate of

    Sports and Youth Services, Maharashtra, Pune, the mark-sheet

    was found to be forged and fabricated and not in consonance

    with the original register. On the basis of the said report, the

    present First Information Report has been lodged.

    4. The learned counsel for the petitioner submits that

    the petitioner was selected on the basis of his merit position and

    was issued appointment letter on 12.08.2010, after verification

    of all the requisite documents. The petitioner gave his joining in

    Government Middle School at Barhara on 16.08.2010 and

    started performing his duties, which he continued to perform till

    date. Even his pay fixation was approved by the Education

    Department in the year 2015. He submits that the allegations

    levelled in the First Information Report are totally false and do

    not have any leg to stand. The petitioner successfully appeared

    and passed the Elementary Teachers Evaluation Examination,

    2023 conducted by the S.C.E.R.T, Patna. He submits that the

    documents of the petitioner was earlier also verified and the

    same were found to be correct. He submits that after lodging of
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    the present First Information Report, the B.D.O., Babubarhi

    vide Memo No.269 dated 23.03.2026 directed for taking steps

    for termination of the services of the petitioner. He further

    submits that identically situated persons have been granted

    privilege of anticipatory bail as well as regular bail by this

    Hon’ble Court vide order dated 08.04.2026 passed in Criminal

    Miscellaneous No.19369 of 2026 (Arun Kumar Ghose Vs. The

    State of Bihar & Anr.) and order dated 29.04.2026 passed in

    Criminal Miscellaneous No.28757 of 2026 (Pawan Kumar

    Mandal @ Pawan Mandal Vs. The State of Bihar & Anr.). He

    further submits that the petitioner has got a clean antecedent.

    5. Per contra, the learned APP appearing on behalf of

    the State as well as the Vigilance Investigation Bureau opposes

    the prayer for grant of anticipatory bail to the petitioner.

    6. The learned counsel appearing on behalf of the

    Vigilance Investigation Bureau submits that the documents

    related to the petitioner was sent for verification before the

    Directorate of Sports and Youth Services, Maharashtra, Pune

    and from where a report dated 06.05.2025 was received by the

    Vigilance Investigation Bureau. It was informed that the mark-

    sheet of the petitioner has been found to be fabricated. It is

    further submitted that on the basis of the said report, submitted
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    by the Directorate of Sports and Youth Services, Maharashtra,

    Pune, the present First Information Report has been lodged.

    7. Having heard the rival submissions of the parties

    and after going through the records, it appears that despite

    opportunity granted by the Hon’ble Division Bench of this

    Court to such teachers to resign on their own, the petitioner

    chose not to resign and he continued to draw the monetary

    benefits as a teacher. The allegation against the petitioner

    appears to be serious in nature and he did not resign on his own

    despite opportunity granted to him by virtue of the order of the

    Hon’ble Division Bench and he continued to draw the monetary

    benefits as a Block Teacher. Now, in 2025 it has been found that

    his educational qualification was forged. Further the learned Co-

    ordinate Bench vide order dated 18.01.2024 passed in Criminal

    Miscellaneous No.78970 of 2023 (Sanjeev Kumar Raman vs.

    The State of Bihar) has rejected the anticipatory bail petition.

    Similar view was taken by a learned Co-ordinate Bench vide

    order dated 27.02.2024 passed in Criminal Miscellaneous

    No.58684 of 2023 (Punita Devi vs. The State of Bihar & Ors.).

    The order dated 27.02.2024 has been affirmed by the Hon’ble

    Supreme Court of India in SLP (Crl.) No.16221 of 2025 vide

    order dated 23.04.2026.

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    8. Considering the facts and circumstances of the

    case, this Court is not inclined to grant the privilege of

    anticipatory bail to the petitioner and accordingly the same is

    rejected.

    (Ritesh Kumar, J.)

    Sanjay/-

    U          T
     



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