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Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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