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Patna High Court

Bishnu Kant Jha @ Vishunu Kant Jha @ Vishnu Kant JhaversusThe Union of India through the Superintendent of Police, C.B.I., Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Sujeet Kumar, was implicated in a 2014 FIR alleging forgery of a Bihar Sanskrit Shiksha Board certificate to obtain a Gramin Dak Sevak appointment, charging him under IPC sections 120B, 420, 467, 468, 471 and the Prevention of Corruption Act, ss. 13(2) and 13(1)(d). He sought anticipatory bail, arguing that the CBI had already filed a charge‑sheet and never felt the need to arrest him, and that his continued employment demonstrated no risk of fleeing. The CBI opposed the bail, relying on a counter‑affidavit but offering no substantive rebuttal to the petitioner's contentions. The Court, after considering the submissions, was inclined to grant anticipatory bail, noting the lack of necessity for arrest. The order directed the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under CrPC s.438(2) and the Bharatiya Nagarik Suraksha Sanhita s.482(2).

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the existence of a charge‑sheet and the CBI's decision not to arrest negate the need for anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • appointment fraud
  • Gramin Dak Sevak
  • IPC
  • Prevention of Corruption Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68349 of 2024
                        Arising Out of PS. Case No.-24 Year-2014 Thana- C.B.I CASE District- Patna
                 ======================================================
                 Sujeet Kumar @ Sujit Kumar Son of Indra Kant Pathak Resident of Village
                 Bhalhi, P.O. Harpur Bhalha, P.S. Bhathnaha, District - Sitamarhi, at Present
                 GDS MD/MC at Lattipur with Maghaulia Estate SO under Sitamarhi
                 Division, Sitamarhi.

                                                                                     ... ... Petitioner/s
                                                   Versus
                 The Union of India through the Superintendent of Police, CBI, Bihar BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Ranjan Kumar, Advocate
                 For the Opposite Party/s :        Mr. A.P.P.
                 For the C.B.I.           :        Mr. Noilanjan Chatterjee, Spl. P.P./Sc
                                                   Mr. Ujjwal Raj, Advocate
                                                   Mr. Anirvan Choudhary, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   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.68349 of 2024(3) 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.68349 of 2024(3) 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       T


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