Patna High Court
ANIL KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court rejected the petitioner's anticipatory bail application.
Summary
Anil Kumar was implicated in a criminal case (PS Case No. 434 of 2021) for alleged forgery of documents related to an HL bridge contract under the PMGSY, involving sections 406, 420, 467, 468, 471 and 120(B) of the IPC. The prosecution alleged that a certificate dated 16‑06‑2016 was forged to obtain the tender, and that the petitioner was the beneficiary of the fraud. The petitioner contended that the FIR was belated, he had no knowledge of the alleged forgery until November 2021, and therefore sought anticipatory bail. The State highlighted that the police had raided the petitioner’s residence on 21‑06‑2024 and found him absconding, arguing that he could not exonerate himself. The Court, noting the seriousness of the allegations and the petitioner’s alleged absconding, rejected the anticipatory bail application and directed the petitioner to surrender within four weeks for trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of forging documents and absconding.
Legislation cited
- Indian Penal Code — s. 120(B), 406, 420, 467, 468, 471
Subjects
- anticipatory bail
- forgery
- IPC
- PMGSY
- contract fraud
- absconding
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75030 of 2025
Arising Out of PS. Case No.-434 Year-2021 Thana- RAJAOLI District- Nawada
======================================================
ANIL KUMAR S/o- Late Sidheshwar Prasad Sinha R/v- Pipra Ps- Wazirganj
Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikas Kumar Jha, Advocate
Mr. Abhinav Kumar, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 23-02-2026 Heard Mr. Vikas Kumar Jha, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending arrest in connection
with Rajauli P.S. Case No. 434 of 2021 instituted under Sections
406, 420, 467, 468, 471, 120(B) of the Indian Penal Code
lodged on 26.08.2021 by the informant, Manoj Kumar.
3. As per the prosecution story, the informant alleged
that in the contract of HL bridge over Tilaiya river under
PMGSY, the petitioner has submitted certain documents which
were found to be forged and the certificate vide letter no. 455
dated 16.06.2016 was not issued. In that background, the FIR.
4. Learned counsel for the petitioner submits that
belated FIR for the 2016 certificate has been lodged, he has no
role to play. He further submits that he had no knowledge about
the lodging of the FIR and came to the notice only in the month
of November 2021.
Patna High Court CR. MISC. No.75030 of 2025(3) dt.23-02-2026
2/2
5. Learned APP on the other hand opposes the prayer
submitting that a forged certificate was issued to procure the
tender and as the petitioner was the beneficiary, cannot
exonerate himself for the alleged act. Further, contrary to the
submission put forward by the learned counsel for the petitioner
the case diary shows that at least on 21.06.2024, the police
raided home of the petitioner and found him absconding.
6. He preferred anticipatory bail application before the
learned Sessions Judge only in the month of September, 2024.
7. Considering the submissions of the parties as also
the belated approach the Court, in that background, it would be
appropriate that the petitioner seek bail.
8. The anticipatory bail stands rejected.
9. If the petitioner surrenders within a period of four
weeks from today, the Court concerned shall take up the matter
and dispose it of preferably on the same day.
(Rajiv Roy, J)
Ravi/-
U T
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