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Patna High Court

Kumar Gaurav RoyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted as the inquiry was conducted without hearing and there is no incriminating material against the petitioner.

Summary

The petitioner, Kumar Gaurav Roy, sought anticipatory bail fearing arrest in connection with an FIR alleging offences under Sections 420, 467, 468, 471 and 120B of the IPC. The FIR was filed after a vigilance inquiry into his appointment as a teacher without registration under an amnesty scheme, based on a complaint by Arun Paswan. The petitioner contended that the inquiry was conducted unilaterally, he was denied a hearing, and the allegations were false and fabricated, asserting a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court observed that the inquiry was indeed carried out without giving the petitioner an opportunity to be heard and found no incriminating material, thereby granting anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond, sureties, and compliance with conditions relating to appearance, non‑tampering with witnesses, and refraining from further offences.

Issues considered

  • Whether anticipatory bail can be granted when the FIR is alleged to have been filed without giving the accused a hearing.
  • Whether the allegations under the specified IPC sections constitute sufficient ground to deny anticipatory bail.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.

Legislation cited

Subjects

  • anticipatory bail
  • IPC
  • Section 420
  • Section 438
  • Bhartiya Nagarik Suraksha Sanhita
  • vigilance inquiry
  • false allegations
  • bail conditions
  • teacher appointment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6722 of 2026
                       Arising Out of PS. Case No.-56 Year-2025 Thana- DHANGAI District- Bhojpur
                 ======================================================
                 Kumar Gaurav Roy son of Sri Ram Ishwar Singh Resident Of village-
                 Kusumha, Ps- Aayar, Dist- Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prabhat Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   04-02-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Dhangai P.S. Case No.56 of 2025, F.I.R dated

                   04.09.2025 registered for the offences punishable under

                   Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

                                3. As per the prosecution story, an FIR was lodged by

                   informant Arun Paswan pursuant to an order passed in C.W.J.C.

                   No. 15459 of 2014, following which the Bihar State Vigilance

                   Department initiated Vigilance Inquiry No. B.S. 8 of 2015.

                   During the inquiry into educational certificates, it was found

                   that the petitioner, Kumar Gaurav Ray, had been appointed as a

                   teacher without registration under the amnesty scheme.

                                4. Learned counsel for the petitioner submits that on
Patna High Court CR. MISC. No.6722 of 2026(2) dt.04-02-2026
                                            2/3




          the basis of inquiry which is said to have been conducted

          unilaterally, the F.I.R. is said to have been lodged without giving

          any opportunity of hearing and the allegations which are

          levelled against the petitioner are false and fabricated. It has

          further been submitted that the petitioner has clean antecedent.

                        5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                        6. Considering the aforesaid facts and circumstances

          that inquiry was conducted behind the back of the petitioner and

          no opportunity of hearing was ever given to him to explain his

          side and save and except suspicion, there is nothing

          incriminating against the petitioner. Accordingly, this Court is

          inclined to grant the privilege of anticipatory bail to the

          petitioner.

                        7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned A.C.J.M. VII, Bhojpur at Ara, in

          connection with Dhangai P.S. Case No.56 of 2025, subject to the

          conditions as laid down under Section 438(2) of the Code of
           Patna High Court CR. MISC. No.6722 of 2026(2) dt.04-02-2026
                                                       3/3




                     Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita and with other following conditions:-

                                  (i) one of the bailors should be the family

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

                     document 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/her/their 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;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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