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Patna High Court

Sanjay KumarversusThe Central Bureau of Investigation, Patna

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) CrPC and Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Sanjay Kumar, sought anticipatory bail fearing arrest in a case registered in 2014 under IPC sections 120B, 420, 467, 468, 471 and the Prevention of Corruption Act. He was alleged to have obtained a Gramin Dak Sevak appointment using a forged certificate from the Bihar Sanskrit Shiksha Board. Although the CBI had completed its investigation and filed a charge‑sheet, it had not arrested the petitioner during the investigation. The petitioner argued that the delay in filing the FIR and the absence of any arrest rendered anticipatory bail appropriate. The CBI opposed the bail, contending that the seriousness of the offences warranted continued custody. The Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail can be granted in a case involving offences under Sections 120B, 420, 467, 468, 471 of the IPC and the Prevention of Corruption Act.
  • Whether the fact that the CBI has filed a charge‑sheet without arresting the petitioner justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • appointment fraud
  • CBI investigation
  • IPC offences
  • Prevention of Corruption Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3503 of 2025
                        Arising Out of PS. Case No.-24 Year-2014 Thana- C.B.I CASE District- Patna
                 ======================================================
                 Sanjay Kumar Son Of Mahendra Pathak Resident Of Village- Bhalhi, P.O.-
                 Harpur Balha,via- Bajpatti, P.S - Bathnaha, Distt.- Sitamarhi

                                                                                     ... ... Petitioner/s
                                                    Versus
                 The Central Bureau of Investigation, Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.Saket Tiwary, Advocate
                                                   Mr. Animush Gupta, Advocate
                                                   Mr. Shivam Gupta, Advocate
                 For the Opposite Party/s :        Mr. A.P.P.
                 For the C.B.I.           :        Mr. Sanjay Kumar, S.C., CBI
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

8   15-05-2026                          Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned Standing Counsel for the C.B.I.

                                 2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 120B, 420, 467, 468,

                   471 of the Indian Penal Code read with Section 13(2) read with

                   Section 13(1)(d) of the P.C. Act.

                                 3. The learned counsel appearing on behalf of the

                   petitioner submits that petitioner has been implicated in the

                   instant case with an allegation that he secured appointment as

                   Gramin Dak Sewak based on forged and fabricated certificate of

                   Bihar Sanskrit Shiksha Board, it is next submitted that F.I.R.

                   came to be instituted based on an enquiry conducted behind
Patna High Court CR. MISC. No.3503 of 2025(8) dt.15-05-2026
                                            2/3




          back of the petitioner, it is further submitted had an opportunity

          been given to the petitioner to explain his case perhaps the F.I.R.

          would not have been instituted, it is also submitted that F.I.R.

          was instituted in the year 2014 and the petitioner till date is

          working, it is further submitted that C.B.I. after investigation

          submitted charge-sheet but then C.B.I. during the course of

          investigation never felt and need of arresting the petitioner, it is

          thus submitted that if petitioner was not arrested during the

          course of investigation and charge-sheet has been submitted, no

          useful purpose would be served by sending the petitioner to jail.

                        4. The learned Standing Counsel appearing on behalf

          of the C.B.I. opposes the anticipatory bail and submits that

          counter affidavit has been filed but then is not in a position to

          rebut the submission of learned counsel appearing on behalf of

          the petitioner that F.I.R. is of the year 2014 and the C.B.I. after

          investigation submitted charge-sheet and during the course of

          investigation, the C.B.I. never felt the need of arresting the

          petitioner.

                        5. Considering the submissions of the parties, I am

          inclined to grant privilege of anticipatory bail to the petitioner.

                        6. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be
            Patna High Court CR. MISC. No.3503 of 2025(8) dt.15-05-2026
                                                        3/3




                      enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court of Special Judge, C.B.I.,

                      Muzaffarpur, in connection with Trial No.23 of 2022 arising out

                      of RC024A of 2014, subject to the conditions laid down under

                      section 438(2) of the Code of Criminal Procedure/Section

                      482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                                    (Satyavrat Verma, J)
sanjeev/-

U


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