SanjayversusThe Union of India through Central Bureau of Investigation, Patna, Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86460 of 2025
                     Arising Out of PS. Case No.-4 Year-2013 Thana- C.B.I CASE District- Muzaffarpur
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                 Sanjay S/o Harihar Prasad Singh R/o Village - Dih Gawpur, Gaupur, Ward
                 No. 08, P.S.- Ujiyarpur, District - Samastipur.
                                                                              ... ... Petitioner/s
                                                       Versus
                 The Union of India through Central Bureau of Investigation, Patna, Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kanchan Jha, Advocate
                 For the C.B.I.           :        Mr. Shashank Chandra, SC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   08-05-2026                   1. Heard learned counsel for the petitioner and Mr.

                   Shashank Chandra, learned counsel appearing on behalf of the

                   C.B.I.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 120B, 420,

                   467, 468, 471 and 477A of the Indian Penal Code as well as

                   Section 13(2) read with Section 13(1)(d) of the Prevention of

                   Corruption Act.

                                 3. Learned counsel appearing on behalf of the petitioner

                   submits that petitioner is a person with clean antecedent and had

                   earlier moved this Court seeking anticipatory bail by filing Cr.

                   Misc. No. 61611 of 2019 and the same came to be rejected vide

                   order dated 18.12.2019 passed by the then learned Coordinate

                   Bench of this Court. Learned counsel for the petitioner further

                   submits that informant alleges that in between 2008-2012, 13
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          candidates were appointed as Gramin Dak Sewak (GDS) based on

          the forged certificate allegedly issued by the Bihar Sanskrit Siksha

          Board.

                       4. Learned counsel for the petitioner submits that when

          anticipatory bail of the petitioner was rejected by an order dated

          18.12.2019 in Cr. Misc. No. 61611 of 2019 by then the charge-

          sheet had already been submitted in the year 2015 itself. It is

          further submitted that the C.B.I., during the course of

          investigation, never felt the need of arresting the petitioner and

          petitioner cooperated in the investigation and thereafter charge-

          sheet also came to be submitted. It is next submitted that even after

          rejection of the anticipatory bail application of the petitioner by

          this Court, the C.B.I. did not make any endeavours to arrest the

          petitioner. It is also submitted that till date process under Sections

          82 and 83 Cr.P.C. has not been issued. It is, thus, reiterated and

          submitted that since the C.B.I. never felt the need of arresting the

          petitioner, whether it would be prudent for the Court to send the

          petitioner to jail at this stage.

                       5. Learned counsel appearing on behalf of the C.B.I. is

          not in a position to rebut the submissions of the learned counsel

          appearing on behalf of the petitioner that the C.B.I. never felt the

          need of arresting the petitioner but then submits that whether

          process under Sections 82 and 83 Cr.P.C. has been issued or not
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                     for that instruction is required.

                                  6. After hearing the learned counsel for the parties and

                     considering the submissions made by the learned counsel

                     appearing on behalf of the petitioner, let the petitioner, above-

                     named, in the event of his arrest or surrender within a period of six

                     weeks from today, be released on provisional anticipatory bail on

                     furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with

                     two sureties of the like amount each to the satisfaction of the

                     learned Trial Court where the case is pending/Successor Court in

                     connection with          RC     Case No.        RC0232013A0004, dated

                     12.03.2013 corresponding to Tr. No. 27 of 2018, subject to the

                     conditions as laid down under Section 438(2) of the Cr.P.C./482(2)

                     of the B.N.S.S.

                                  7. However, if it is found that process under Sections 82

                     and 83 Cr.P.C. has been issued against the petitioner in that event

                     the provisional anticipatory bail bond shall not be confirmed but if

                     it is found that process under Sections 82 and 83 Cr.P.C. has not

                     been issued till date in that event the provisional anticipatory bail

                     bond shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T