Patna High Court
Animish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Animish Kumar, was implicated in a case under Sections 406 and 420/34 of the Indian Penal Code for allegedly receiving Rs.2,94,000 from an informant who sought a back‑door appointment as Sub‑Inspector. The petitioner contended that he has a clean record and that the informant’s allegations are false, asserting that he would cooperate with the investigation. The State opposed the anticipatory bail application. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with Section 438(2) of the Cr.P.C. The order also empowered the trial court to cancel bail if the petitioner fails to cooperate. The order was directed to be communicated to the concerned police station.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case involving alleged cheating and criminal breach of trust.
- Whether the petitioner is likely to abscond, tamper with evidence, or otherwise obstruct the investigation.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- cheating
- criminal breach of trust
- Section 438 Cr.P.C.
- IPC Sections 406, 420, 34
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76532 of 2025
Arising Out of PS. Case No.-1239 Year-2022 Thana- SHERGHATI District- Gaya
======================================================
Animish Kumar S/o Ajit Kumar Das @ Surendra Das R/o Village- Samda,
PS- Gurua, Distt.- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Nilam Kumari D/o Gaya Ravidas R/o vill - Kajarsot, PS. - Sherghati, Distt.-
Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate
For the State : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Section 406 and 420/34 of the
Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that he had applied in pursuance of an advertisement for
appointment as S.I. Further, the petitioner along with his father
came and convinced him that if he parts with Rs.2,94,000/-, in
that event, the informant would be appointed as S.I.
Accordingly, the informant paid an amount of Rs.1,25,000/- in
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cash and Rs.1,69,000/- was credited in the account.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations, as alleged in the FIR, it would manifest that in sum
and substance the informant alleges that for seeking
appointment as S.I. through backdoor method, he had paid an
amount of Rs.2,94,000/- to the accused persons including the
petitioner based on their assurance. It is further submitted that
even presuming what has been alleged is true without admitting
then informant himself intended to get appointed as S.I. through
backdoor on strength of money which in itself is an illegality. It
is also submitted that if anticipatory bail of the petitioner is
rejected that would amount to perpetuating an illegality. It is
next submitted that petitioner will not abscond rather will
cooperate in the investigation to prove his innocence.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by learned
counsel for the petitioner, let petitioner, above named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on bail on furnishing bail bond of
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Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M.-1st,
Sherghati, Gaya in connection with Sherghati P.S. Case No.1239
of 2022, subject to the conditions laid down under Section
438(2) of the Cr.P.C.
7. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned Trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation, the learned Trial Court shall be at liberty to cancel
the bail bonds of the petitioner after recording reasons.
8. Let a copy of this order be sent to the concerned
police station through the learned court below.
(Satyavrat Verma, J)
Sanjay/-
U T
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