CR. MISC./50167/2026 of Vinktesh Prasad @ Winktesh Prasad Vs The State of Bihar on 21 August 2026

ORAL ORDER

21-08-2026 Heard learned Advocate for the petitioner; learned Advocate for the State as well as learned Advocate for the Vigilance Investigation Bureau, Patna.

2. At the outset, learned Advocate for the petitioner seeks permission to make necessary correction in the satisfaction part of the bail application.

3. Permission is accorded.

4. The petitioner apprehends his arrest in connection with Tiyar P.S. Case No.26 of 2026 registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

5. The allegation against the petitioner is of procuring appointment to the post of Panchayat Teacher on the basis of forged and fabricated Teacher Training Certificate.

6. Learned Advocate for the petitioner submits that the petitioner himself is a victim of circumstances. It is contended that, after taking due care and diligence, the petitioner took admission in the concerned institution, attended the classes and thereafter obtained the Teacher Training Certificate, on the basis of which he was duly appointed. The entire prosecution case is based upon documentary evidence, but even before institution of the present FIR and initiation of the proceeding for dispensing with the services of the petitioner, no effective opportunity was afforded to him to explain his position. It is submitted that, upon coming to know of the departmental proceeding and realizing that he might have been cheated by the institution from which he had obtained the Teacher Training Certificate, the petitioner tendered his resignation. A copy of the resignation letter, along with the postal receipt, has been brought on record by way of Annexure-P/3 to the supplementary affidavit. Moreover, the petitioner bears clean antecedent and undertakes to fully cooperate with the investigation as well as the proceedings of the Court.

7. Per contra, learned Advocate for the Vigilance vehemently opposed the prayer for anticipatory bail and submitted that, despite an opportunity having been afforded to the petitioner to come forward with a clean hand and disclose the complete facts regarding the genuineness of the certificate, he failed to avail himself of such opportunity in the amnesty period. It is further submitted that, on account of the conduct of the petitioner, a genuine candidate was deprived of an opportunity of appointment. The wrongful appointment of the petitioner has resulted in financial loss to the Government exchequer.

8. Having considered the rival submissions advanced on behalf of the respective parties and taking into consideration the fact that the prosecution case is primarily based upon documentary evidence, the petitioner has already tendered his resignation and he has undertaken to fully cooperate with the investigation as well as the proceedings, apart from the fair antecedent of the petitioner, this Court is inclined to extend him the privilege of anticipatory bail.

9. Accordingly, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Tiyar P.S. Case No.26 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

rohit/- (Harish Kumar, J) U T