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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to conditions, as the required enquiry report was not produced and the allegations did not yet establish a prima facie case.

Summary

Santosh Kumar, a clerk, was implicated in a complaint alleging that he received a Rs 15,000 bribe to facilitate the mutation of Jamuni Devi's land. An FIR was lodged under Sections 319, 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and the petitioner was suspended pending departmental enquiry. He applied for anticipatory bail, arguing that the mutation application had been rejected twice and that no prima facie case of bribery existed. The State opposed the bail, but the court noted that the enquiry report, ordered earlier, had not been produced. Considering the lack of substantive evidence and the petitioner’s willingness to cooperate, the court granted anticipatory bail with strict conditions, including a bail bond, sureties, and prohibitions against tampering with witnesses or committing further offences.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting anticipatory bail under Section 438 of the CrPC when the prosecution has not produced the departmental enquiry report?
  • Whether the allegations of bribery under the Bharatiya Nyaya Sanhita, 2023, constitute a sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bribery
  • land mutation
  • departmental suspension
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • evidence tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84200 of 2025
                      Arising Out of PS. Case No.-69 Year-2025 Thana- DHIBRA District- Aurangabad
                 ======================================================
                 Santosh Kumar Son of Late Ram Lakhan Ram R/vill - Mohalla Chaudhary
                 Gali, Rafiganj, P.S.- Rafiganj, Distt- Aurangabad, Bihar.
                                                                                ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shrishti Rani
                 For the Opposite Party/s :       Mr.Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   11-02-2026                     Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Dhibra P.S. Case No. 69 of 2025, F.I.R dated

                   06.08.2025 registered for the offences punishable under

                   Sections 319, 318(4), 3(5) of Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, Sub-Divisional Lok

                   Sikayat Padadhikari, through Letter No. 82 dated 31.07.2025,

                   recommended institution of a case based on a complaint made

                   by Jamuni Devi. She alleged that Rs. 15,000 was illegally

                   demanded and taken from her in connection with the mutation

                   of her land. It is further alleged that the amount was transacted

                   through the pay-phone of Santosh Kumar, a clerk, and Mani

                   Prasad, who acted as a middleman (bichaulia). On the basis of

                   this report and allegations of illegal gratification in the mutation
Patna High Court CR. MISC. No.84200 of 2025(3) dt.11-02-2026
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          process, the present case has been instituted.

                      4. Learned counsel for the petitioner submits that the

          allegation of Smt. Jamuni Devi with regard to taking illegal

          bribe of Rs. 15,000/- in lieu of mutation of his land gets falsified

          as the application for mutation was twice been rejected. There

          was no occasion for this petitioner to have asked for bribe for

          getting mutation of the land due in her favour. It is next been

          submitted that the petitioner has been suspended from service

          and has been placed under departmental proceedings,even

          though, the allegations of bribe has not been found to be prima

          facie, true the petitioner is ready to co-operate with the

          investigation and would not tamper the evidences. This Court on

          23.12.2025, had sought for the enquiry report based on which

          the complicity of this petitioner was found and First Information

          Report is said to have been lodged against this petitioner.

          Despite directions issued by this Court, no such report has been

          placed on record, by the Learned Additional Public Prosecutor

          for cancellation of bail application petition.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the fact that the petitioner has already

          been suspended in departmental enquiry and the enquiry report
Patna High Court CR. MISC. No.84200 of 2025(3) dt.11-02-2026
                                            3/4




          based on which, the allegations are said to have been found

          against this petitioner has not been placed despite order passed

          by this Court to show his complicity. Accordingly, this Court is

          inclined to grant the privilege of anticipatory bail to the

          petitioner.

                        7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned ACJM-IV, Aurangabad in connection

          with Dhibra P.S. Case No. 69 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

          Sanhita and with other following conditions:-

                        (i) one of the bailors should be the family

          member/relative of the petitioner(s) who shall provide official

          document to show his/her bona fide;

                        (ii) the petitioner(s) shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his/her/their bail bond by the Trial Court itself;
           Patna High Court CR. MISC. No.84200 of 2025(3) dt.11-02-2026
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                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


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