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Patna High Court

Manoj KumarversusThe 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 stipulated conditions.

Summary

Manoj Kumar, a Gramin Dak Sevak, was implicated in a 2014 FIR alleging forgery of a Bihar Sanskrit Shiksha Board certificate to secure his appointment, invoking IPC sections 120B, 420, 467, 468, 471 and the Prevention of Corruption Act. The CBI investigated, filed a charge‑sheet, but never deemed his arrest necessary. The petitioner sought anticipatory bail, arguing that the FIR is old, he remains employed, and arrest would serve no purpose. The CBI opposed the bail. The Patna High Court, after hearing counsel, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with conditions under section 438(2) of the Code of Criminal Procedure and section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the pending FIR and charge‑sheet.
  • Whether the age of the FIR and the CBI's decision not to arrest during investigation justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • appointment fraud
  • FIR
  • charge sheet
  • IPC
  • Prevention of Corruption Act
  • Bharatiya Nagarik Suraksha Sanhita
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66702 of 2024
                        Arising Out of PS. Case No.-24 Year-2014 Thana- C.B.I CASE District- Patna
                 ======================================================
                 Manoj Kumar S/o Lal Babu Singh R/o vill - Shyampur Tole Chamainiya,
                 ward no. 2, P.S. - Shyampur Bhatha, Distt. - Sheohar, at present GDS BPM,
                 Rasalpur Raghunathpur Branch Office, Distt. - Sitamarhi

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The Union of India through the Superintendent of Police, C.B.I., Bihar Patna
           2.    The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramakant Sharma, Sr. Advocate
                                                   Mr. Ajit Ranjan Kumar, Advocate
                 For the Opposite Party/s :        Mr. A.P.P.
                 For C.B.I.               :        Mr. Sanjay Kumar, Spl. P.P./Sc
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   15-05-2026                      Heard learned senior counsel for the petitioner, Mr.

                   Ramakant Sharma, 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 senior 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.
Patna High Court CR. MISC. No.66702 of 2024(3) dt.15-05-2026
                                            2/3




          came to be instituted based on an enquiry conducted behind

          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
            Patna High Court CR. MISC. No.66702 of 2024(3) dt.15-05-2026
                                                        3/3




                      his arrest or surrender within four weeks from today, be

                      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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