Patna High Court
Dr. Sanjay Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
Dr. Sanjay Kumar Rai, a professor at Jansahkari Degree College, was implicated in a FIR alleging offences under Sections 420, 409 and 120(B) of the Indian Penal Code for misappropriating college funds. He contended that he was falsely implicated after being appointed in place of the actual misappropriator, who had been removed by the university syndicate and was already facing a separate case. The petitioner argued that the salary payments to staff, approved by an Adhoc Committee, were not irregular and that he was merely a witness in the pending case against the informant. The State opposed the anticipatory bail application. The court, after considering the material, granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR alleging offences under IPC Sections 420, 409 and 120(B).
- Whether the allegations of misappropriation and the petitioner’s alleged role justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120B, 409, 420
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Indian Penal Code
- misappropriation of funds
- college administration
- bail conditions
- corruption
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5428 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- AGIAON District- Bhojpur
======================================================
Dr. Sanjay Kumar Rai S/o Late Awadhesh Kumar Rai @ Late Awadhesh
Kumar Bhatt R/o vill - Vishnu Nagar, P.S.- Ara Nawada, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 420, 409, 120(B) of the
Indian Penal Code.
3. It is alleged that this petitioner along with other
F.I.R. named accused persons, being faculty members of
Jansahkari Degree College, Barap, Garhani, Bhojpur,
misappropriated huge amount of college fund sanctioned by the
Government.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter
of fact, petitioner has falsely been implicated in this case with
ulterior motive as he was appointed as Professor Incharge of the
college in question in place of the informant, who was, in fact,
Patna High Court CR. MISC. No.5428 of 2026(2) dt.03-02-2026
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involved in misappropriation of the college funds and was
removed by the highest body of the University i.e., Syndicate in
its meeting dated 04.01.2021 which was notified vide Memo
No. VKSU/1403/Estab/2021 dated 09.01.2021 as Agiawn P. S.
Case No. 159 of 2019 is already pending against the informant
in which this petitioner is witness (Annexure P-3 & P-3/1). It is
further submitted that the Adhoc Committee vide letter dated
04.01.2024 directed for the payment of salary to the working
employees and the same does not come under the category of
irregularities and a letter in this regard has also been given to
the Registrar on 27.05.2024. In the light of decision of the
Adhoc Committee , salary was paid to the teaching and non-
teaching employees of the college on account of their working
in the college in question from the enternal sources of the
college fund and has distributed Rs. 1,07,31,000/- i. e ,. for the
period of 20 month to 28 months as per due to the employees.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case and materials
available on record, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
Patna High Court CR. MISC. No.5428 of 2026(2) dt.03-02-2026
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weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Additional Sessions Judge-
VII, Bhojpur at Ara in connection with Agiaon (G) P. S. Case
No. 147 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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