Patna High Court
Jayant Kumar @ Jayant SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions under Section 482(2) of the BNSS.
Summary
Petitioner Jayant Kumar, a junior engineer, was implicated in a FIR alleging forgery of a school headmaster's signature to obtain payment for submersible boring work, invoking sections 318(4), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita. He contended that the informant fabricated the allegations without a proper inquiry and that he has a clean antecedent. The petitioner sought anticipatory bail, assuring cooperation with the investigation and asserting he would not abscond. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged offences.
- Whether the FIR was lodged without a proper inquiry, justifying bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(4), 336(3), 338, 340(2), 482(2), 61(2)
Subjects
- anticipatory bail
- false implication
- FIR
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- clean antecedent
- junior engineer
- fake bill
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73926 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- MITHANPURA District- Muzaffarpur
======================================================
Jayant Kumar @ Jayant Singh S/o Sunil Kumar Sharma @ Sunil Kumar R/o
village - Baliya Bujurg, Police Station - Akbarpur , District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mahendra Pratap
For the Opposite Party/s : Mr.Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 318(4),
338, 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that the petitioner along with the contractor, based on
fake signature of the Headmaster of the concerned school on the
bill related to submersible boring, bench and desk etc. obtained
payment.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant without holding a proper inquiry. It is next submitted
Patna High Court CR. MISC. No.73926 of 2025(2) dt.11-02-2026
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that had petitioner been given an opportunity of hearing to
explain his side of the case perhaps the instant FIR would not
have been instituted. It is next submitted that petitioner is a
Junior Engineer and the contractor had completed the work and
had requested the Headmaster to submit the bill as per
departmental order. It is further submitted that it was the
Headmaster who submitted the bill but in the FIR it is being
alleged that based on a fake bill, the payment was obtained. The
learned counsel next submits that petitioner being Junior
Engineer is aware of the consequences which would entail in the
event if it is found that petitioner was also indulged in the
occurrence. It is also submitted that petitioner will not abscond
rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
Patna High Court CR. MISC. No.73926 of 2025(2) dt.11-02-2026
3/3
with Mithapura P.S.Case No.64/2025, subject to the conditions as laid
down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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