Patna High Court
Sanjay Kumar sahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court directed that the petitioner be released on pre‑arrest bail subject to a bond and conditions under Section 438(2) Cr.P.C/Section 482(2) BNS.
Summary
The petitioner, Sanjay Kumar Sah, was appointed as a GDS BPM at Lalit Narayan Mahavidyalaya University based on a forged Class‑10 certificate. The Bihar Sanskrit Shiksha Board later verified that the certificate was counterfeit, leading to his termination from service on 4 February 2026. He was charged under Sections 318(4), 336(2) and 340(2) of the Bihar Negotiable Securities Act (BNS) and applied for pre‑arrest bail, claiming he was deceived by the recruiting agency, has a clean antecedent and will cooperate with the investigation. The State opposed the bail. After hearing both sides, the Court granted pre‑arrest bail on the condition of a Rs.10,000 bond with two sureties and compliance with Section 438(2) Cr.P.C/Section 482(2) BNS, directing the District Court to verify any other criminal antecedents. The bail application was disposed of with the order to release the petitioner if arrested within four weeks.
Issues considered
- What is the appropriateness of granting pre‑arrest bail to the petitioner charged under Sections 318(4), 336(2) and 340(2) of the BNS?
- Whether the petitioner’s termination of service and alleged deception by a recruiting agency affect the bail decision?
Legislation cited
- Bihar Negotiable Securities Act — s. 318(4), 336(2), 340(2), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- forged certificate
- employment fraud
- Section 438 Cr.P.C
- Section 482 BNS
- termination of service
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76674 of 2025
Arising Out of PS. Case No.-71 Year-2025 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
Sanjay Kumar Sah Son of Ram Sushil Sah Resident of Ward - 07, Village -
Dhadhiya, Darhia, Dist. - Darbhanga, Bihar - 847304.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Karn, Advocate.
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 18-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with LNMU P.S. Case No. 71 of 2025 registered for the offence
punishable under Sections 318(4), 336(2) and 340(2) of the
BNS.
3. As per the allegation made in the F.I.R., the
petitioner Sanjay Kumar Sah, secured employment on the basis
of a forged Class 10th certificate and appointed as GDS BPM on
15.04.2021. Upon verification, the Bihar Sanskrit Shiksha
Board, vide letter dated 11.03.2025, confirmed that the 10 th
certificate of the petitioner is not genuine.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.76674 of 2025(5) dt.18-04-2026
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petitioner submitted that the petitioner was deceived by
personnel of the recruiting agency, who had furnished a forged
certificate at the time of his appointment. It was further
submitted that the petitioner discharged his duties to the
satisfaction of his superiors from the date of his appointment on
15.04.2021 until his termination from service on 04.02.2026.
Learned counsel also submitted that disciplinary proceeding has
already been concluded against the petitioner, awarding penalty
of termination from service. The petitioner has clean antecedent
and he undertakes to fully cooperate with the investigation,
including appearing on each and every date as and when
required by the authorities. On these grounds, the petitioner
seeks to be enlarged on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the fact that the petitioner has already been
terminated from service, the petitioner, above named, is
directed to be released on pre-arrest bail, in the event of his
arrest or surrender before the Court below within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.76674 of 2025(5) dt.18-04-2026
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(Ten thousand) with two sureties of the like amount each to the
satisfaction of learned SDJM, Darbhanga in connection with
LNMU P.S. Case No. 71 of 2025, subject to the condition as laid
down under Section 438(2) Cr.P.C / 482(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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