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Patna High Court

ANIL KUMARversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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