Patna High Court
Sujeet Kumar @ Sujit KumarversusThe Union of India through the Superintendent of Police, CBI, Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Petitioner Sujeet Kumar, a Gramin Dak Sevak, was implicated in an FIR registered in 2014 alleging forgery of a Bihar Sanskrit Shiksha Board certificate and related offences under IPC sections 120B, 420, 467, 468, 471 and the Prevention of Corruption Act. He applied for anticipatory bail, arguing that the CBI had already filed a charge‑sheet and never felt the need to arrest him, and that an arrest would serve no useful purpose. The CBI opposed the bail, but the court considered the long lapse since the FIR, the absence of any arrest during investigation, and the submission of the charge‑sheet. The court was persuaded by the petitioner's submissions and granted anticipatory bail, subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Satyavrat Verma of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the pending FIR and charge‑sheet.
- Whether the CBI’s decision not to arrest the petitioner during investigation negates the necessity of arrest.
- Whether the conditions under Section 438(2) CrPC and Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120B, 420, 467, 468, 471
- Prevention of Corruption Act — s. 13(1)(d), 13(2)
Subjects
- anticipatory bail
- forgery
- appointment fraud
- CBI investigation
- IPC offences
- 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
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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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