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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 bail bond, sureties and the condition of cooperation with the investigation, with power to cancel the bail if cooperation is not forthcoming.

Summary

The petitioner, Sanjay Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 318(4), 338, 336(3), 340(2) and 61(2) of the B.N.S.S. He contended that he was falsely implicated based on a fake signature of a school headmaster on bills for submersible boring, bench and desk supplies, and that he had previously been acquitted in a related matter. The petitioner argued that he had completed the work, the headmaster submitted the bill, and that he would cooperate with the investigation, citing a prior order granting anticipatory bail in a related case. The State opposed the bail, asserting the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, invoking Section 482(2) of the B.N.S.S., and conditioned the bail on the petitioner’s cooperation, reserving the right to cancel it if he fails to cooperate. The order also directed that the trial court may cancel the bail bonds upon notice from the investigating officer.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the B.N.S.S. for the offences alleged.
  • Whether the petitioner’s claim of false implication and prior acquittal justify the grant of anticipatory bail.
  • What conditions may be imposed on anticipatory bail and the circumstances for its cancellation.

Legislation cited

  • B.N.S.S. — s. 318(4), 336(3), 338, 340(2), 482(2), 61(2)

Subjects

  • anticipatory bail
  • false implication
  • FIR
  • Section 318
  • Section 338
  • Section 336
  • Section 340
  • Section 61
  • Section 482
  • bail conditions
  • cooperation with investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88033 of 2025
                   Arising Out of PS. Case No.-64 Year-2025 Thana- MITHANPURA District- Muzaffarpur
                 ======================================================
                 Sanjay Kumar Son of Late Ramdeo Prasad Yadav Resident of Village-
                 Rampur Bheriyahi, P.S.- Kanti, District- Muzaffarpur, Proprietor of Sanjay
                 Enterprises, Kolhua Paigambarpur, Bairiya, P.S.- Kanti, District- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vaishnavi Singh, Adv.
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 318(4),

                   338, 336(3), 340(2), 61(2) of the B.N.S.S.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case but then was acquitted in

                   the trial and the informant alleges that Saket Ranjan along with

                   the petitioner, based on fake signature of the Headmaster of the

                   concerned school on bills related to submersible boring, bench

                   and desk etc. obtained payment.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case without
Patna High Court CR. MISC. No.88033 of 2025(2) dt.18-02-2026
                                            2/3




          holding a proper inquiry. It is next submitted that had petitioner

          been given an opportunity of explaining his side of the case

          perhaps the instant FIR would not have been instituted. It is also

          submitted that petitioner had completed the work and had

          requested the Headmaster to submit the bill as per departmental

          order. It is further submitted that it was the Headmaster who

          submitted the bill but in the FIR it is being alleged that based on

          fake bills, the payment was obtained. It is also submitted that

          Saket Ranjan had approached this Court seeking anticipatory

          bail by filing Cr. Misc. No.54778 of 2025 and the same came to

          be allowed by an order dated 03.09.2025. It is also submitted

          that petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          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
             Patna High Court CR. MISC. No.88033 of 2025(2) dt.18-02-2026
                                                         3/3




                       is pending/successor court in connection with Mithanpura

                       P.S.Case No.64/2025, subject to the conditions as laid down

                       under Section 482(2) B.N.S.S.

                                    7. However, it is made clear that in the event if the

                       Investigating Officer of the case files an application before the

                       learned trial court bringing to its notice that the petitioner

                       despite giving assurance to this court is not co-operating in the

                       investigation in that event the learned trial court shall be at

                       liberty to cancel the bail bonds of the petitioner.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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