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Patna High Court

Jai Shankar Kumar AnshuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bond, sureties and conditions, under Section 482(2).

Summary

The petitioner, Jai Shankar Kumar Anshu, sought anticipatory bail fearing arrest in a case alleging he took Rs 1,500‑2,000 to secure inclusion of names in the PM Awas Yojana beneficiary list. The prosecution alleged violations of Sections 316(2), 318(4), 316(5), 3(5) of the Bihar Negotiable Instruments Act and Section 7 of the Prevention of Corruption Act. The petitioner claimed innocence, clean antecedent, and that the allegation arose after his transfer, noting that co‑accused Ali Hasan had already been granted anticipatory bail. The State opposed the bail. The court, noting the precedent of bail to the co‑accused and applying Section 482(2), granted anticipatory bail to the petitioner for six weeks subject to a bail bond, sureties, and strict conditions on appearance and non‑interference with witnesses.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the serious corruption allegations.
  • Whether the existence of anticipatory bail for a co‑accused influences the grant of bail to the petitioner.
  • Whether the conditions imposed under Section 482(2) are sufficient to justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • bribery
  • corruption
  • PM Awas Yojana
  • Section 482
  • bail conditions
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35256 of 2026
                          Arising Out of PS. Case No.-23 Year-2026 Thana- KASBA District- Purnia
                 ======================================================
                 Jai Shankar Kumar Anshu S/o Radhe Shyam Poddar Resident of Village-
                 Mehandi Beriya, P.S.- Tika Patti, District- Purnia
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjit Kumar Yadav, Adv.
                 For the Opposite Party/s :        Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER
2   25-05-2026              Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State through virtual mode.

                            2. The petitioner is apprehending his arrest in connection

                   with Kasba P.S. Case No. 23 of 2026 dated 16.01.2026 registered

                   for the offence punishable under Section/s 316(2), 318(4), 316(5),

                   3(5) of the B.N.S. and Section 7 of the Prevention of Corruption

                   Act.

                            3. The prosecution case, in brief, is that during an enquiry

                   conducted on 16.01.2026 regarding alleged irregularities in the

                   Pradhan Mantri Awas Yojana survey list, several persons alleged

                   that the Ward Member of Ward No.5 and Jai Shankar Kumar

                   Anshu (petitioner), Gramin Awas Sahayak, had taken Rs. 1,500–

                   2,000/- for inclusion of their names in the beneficiary list. It is

                   further alleged that the Ward Member of Ward No.5 has also

                   admitted of taking money, whereafter the present complaint case

                   was instituted.
Patna High Court CR. MISC. No.35256 of 2026(2) dt.25-05-2026
                                            2/3




                  4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. It is next submitted that the allegation against the

          petitioner and one Ali Hasan is that they have collected Rs. 1500-

          2000/- from several persons for getting names included in Geo

          Tagg under the P.M. Awas Yojana. It is further submitted that such

          allegation has been leveled against the petitioner when he was

          transferred from the said place. It is further submitted that the co-

          accused Ali Hasan, against whom there is a video recording, as per

          F.I.R., in which he, as a co-accused, has accepted taking bribe, has

          already been granted privilege of anticipatory bail vide order dated

          13.05.2026 passed by a Co-ordinate Bench of this Court in Cr.

          Misc. No. 31004 of 2026. Lastly, it is submitted that the petitioner

          is a person of clean antecedent.

                  5. Learned APP for the State opposes the prayer for grant of

          anticipatory bail.

                  6. Having heard learned counsel for the parties and

          considering the fact that the co-accused Ali Hasan, against whom

          as per F.I.R. there is a video recording in which he as a co-accused

          has accepted taking bribe, has already been extended privilege of

          anticipatory bail by a Co-ordinate Bench of this Court, let the

          petitioner, above named, be released on anticipatory bail in the

          event of his arrest or surrender before the court below within a
              Patna High Court CR. MISC. No.35256 of 2026(2) dt.25-05-2026
                                                           3/3




                        period of six weeks from today on furnishing bail bond of Rs.

                        10,000/- (rupees ten thousand) with two sureties of the like amount

                        each to the satisfaction of learned Additional Sessions Judge-II

                        cum Special Judge (Vigilance), Bhagalpur in connection with

                        Kasba P.S. Case No. 23 of 2026, subject to the condition as laid

                        down under Section 482(2) of the B.N.S.S. as well as the

                        following conditions;

                                (i)   One      of    the     bailors    should   be   the   family

                        member/relative/known of the petitioner(s) who shall provide

                        official document / personal affidavit to show his/her bona fide;

                                (ii) the petitioner(s) shall appear on each and every date

                        before the Trial Court and failure to do so for two consecutive

                        dates without plausible reason will entail cancellation of his bail

                        bond by the Trial Court itself;

                                (iii) the petitioner(s) shall in no way try to induce or

                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds.



                                                                                 (Ajit Kumar, J)
rishi/-

U         T


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