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
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
Patna High Court CR. MISC. No.44853 of 2026(2) dt.08-07-2026
2/5
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
Patna High Court CR. MISC. No.44853 of 2026(2) dt.08-07-2026
3/5
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
Patna High Court CR. MISC. No.44853 of 2026(2) dt.08-07-2026
4/5
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.
Patna High Court CR. MISC. No.44853 of 2026(2) dt.08-07-2026
5/5
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
