Patna High Court
JAY KUMARversusThe State of Bihar through C.B.I. Patna
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for anticipatory bail was denied.
Summary
Petitioner Jay Kumar, an advocate, sought anticipatory bail in a special case involving alleged offences under Sections 120(B), 420, 467, 468, 471 of the IPC and Section 13(2) read with 13(1)(D) of the P.C. Act. The court found that he had fraudulently misled the trial court by submitting a forged vakalatnama bearing the signature of a deceased person and by presenting a fabricated copy of a prior order to suggest that a co‑accused had already been granted bail. The allegations of forgery and deception were deemed serious, and the court held that the nature of the accusations warranted denial of bail. Consequently, the petition for anticipatory bail was rejected. The order was delivered by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged forgery and fraud in court proceedings
- Whether the submission of a forged vakalatnama and fabricated order constitutes sufficient ground to deny bail
Legislation cited
- Indian Penal Code — s. 120(B), 420, 467, 468, 471
- Prevention of Corruption Act, 1988 — s. 13(1)(D), 13(2)
Subjects
- anticipatory bail
- forgery
- fraud
- criminal procedure
- Indian Penal Code
- Prevention of Corruption Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31985 of 2023
Arising Out of PS. Case No.-2 Year-2016 Thana- C.B.I CASE District- Patna
======================================================
Jay Kumar Son of Sri Kamal Prasad Thakur Resident of mohalla - Indrapuri
Colony, Road no. 7A/9, P.S. - Patliputra, Distt. - Patna
... ... Petitioner/s
Versus
The State of Bihar through C.B.I. Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikalp, Adv.
For the Opposite Party/s : Mr. Awadhesh Kr. Pandey, Sr.C.G.C.
Mr. Ram Tujabh Singh, C.G.C.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
21 16-01-2026 Heard learned counsel for the petitioner and learned
counsel appearing on behalf of opposite party /C.B.I.
2. The petitioner apprehends his arrest in Special Case
No. 6/2019, arising out of RC No. 02 (S) 2016, instituted under
Sections 120(B)/420 /467/468 and 471 of the Indian Penal Code
and section 13 (2) r/w 13 (1) (D) of P.C. Act.,1988.
3. The petitioner Jay Kumar, who is a practicing
Advocate of this Court, during Court proceeding in Cr.Misc.
No. 18211 of 2016, played fraud and misled the Hon’ble Court
by placing on record a forged & fabricated Vakalatnama by
forging a signature of one Ran Vijay Singh, who had already
departed to heavenly abode, and produced a forged web copy of
order dated 25.02.2016 passed in Cr.Misc. No. 4198 of 2016 by
Patna High Court CR. MISC. No.31985 of 2023(21) dt.16-01-2026
2/2
a coordinate Bench of this Court to show that the co-accused
Munna Kumar, having identical allegation, had already been
granted bail, whereas Cr.Misc. No. 4198 of 2016 was filed by
one Nagina Rai, not Munna Kumar.
4. In the facts & circumstances of the case and nature
of accusation, the prayer for anticipatory bail of petitioner is
rejected.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…