Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond and sureties, and conditions under Sections 438(2) Cr.P.C. and 482(2) B.N.S.S.
Summary
The petitioner, Sanjay Kumar, a Class III employee of T.M.B. University, was implicated in a university case for allegedly forging certificates and cheating, alleged under Sections 319(2), 318(4), 338, 336(3) and 340(2) of the Bhartiya Nyay Sanhita, 2023. He applied for anticipatory bail, contending that the alleged mark‑entry errors were inadvertent, that no monetary benefit was derived, and that the FIR was questionable because the complaint was not part of it. The State opposed the bail, emphasizing the suspicion of monetary consideration and the seriousness of the offences. The Court examined the submissions and, noting the prima facie suspicion of a monetary motive, decided to grant anticipatory bail subject to a bond of Rs 10,000 and two sureties, with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order also directed the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of forgery and cheating under the Bhartiya Nyay Sanhita.
- Whether the FIR is valid given the claim that the complaint was not part of it.
- Whether the alleged negligence in mark entry amounts to a cognizable offence warranting denial of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- forgery
- cheating
- university certificates
- criminal procedure
- Bhartiya Nyay Sanhita
- negligence
- departmental suspension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87060 of 2025
Arising Out of PS. Case No.-58 Year-2025 Thana- Vishwavidalaya District- Bhagalpur
======================================================
Sanjay Kumar S/o Lakhan Tanti R/o G.N. Mukherjee Road Naya Tola,
Bhikhanpur Gumti No.1, P.S- Ishakchak, Dist- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with University P.S.
Case No. 58 of 2025 registered for the offences punishable
under Sections 319(2), 318(4), 338, 336(3), 340(2) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. The allegation against the petitioner is to commit
the offence of cheating by creating forge documents being a
Class III employee of the T.M.B. University, Bhagalpur and in
such way issued several forged certificates.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.87060 of 2025(2) dt.17-02-2026
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petitioner submitted that this type of error i.e. entry of marks
in a particular column in the marksheet, is a common mistake
due to other work load and, therefore, if any irregularities of
wrong entry of marks found in the marksheet of some of the
candidates, same cannot be said to be done intentionally.
5. It is submitted that no benefit arising out of such
wrong entry was accrued by this petitioner and save and
except suspicion that same was done against cash or
monetary consideration, nothing available incriminating
against this petitioner. It is submitted that complaint pressed
by the candidate Anjali Kumar and Manish Kumar is not the
part of FIR and, therefore, the very basis of FIR appears
doubtful.
6. Arguing further, it is submitted that maximum
allegation appears against this petitioner is of negligence in
duty for which he already punished sufficiently as he was put
on suspension and facing departmental proceeding.
Explaining criminal antecedent of the petitioner, it is
submitted that petitioner found involved in one more case of
different nature, in which he is on bail.
Patna High Court CR. MISC. No.87060 of 2025(2) dt.17-02-2026
3/3
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. In view of the aforesaid factual submissions and by
taking note of the fact as implication prima facie appears to
be raised on the basis of suspicion against monetary
consideration, accordingly, above-named petitioner, in the
event of his arrest/surrender within a period of four weeks
from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only)
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M. - IInd, Bhagalpur/concerned court in
connection with University P.S. Case No. 58 of 2025, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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