Patna High Court
Jai Shankar Kumar AnshuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Negotiable Instruments Act — s. 316(2), 316(5), 318(4), 3(5)
- Bihar Negotiable Instruments (Criminal Procedure) Act — s. 482(2)
- Prevention of Corruption Act — s. 7
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/-
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