Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56770 of 2025 Arising Out of PS. Case No.-64 Year-2025 Thana- MITHANPURA District- Muzaffarpur ====================================================== Sanjay Kumar S/O Upendra Pandit Resident of Village- Nirala Nagar Tailiya Pokhar, Ward No. 21, Begusarai, P.S- Begusarai, Distt.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner seeks permission to make rectification at Para-7 of the anticipatory bail application during course of the day, as it has been submitted that inadvertently it has been pleaded that petitioner is a Junior Engineer when he is a contractor.

3. Permission is accorded.

4. 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.

5. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that the petitioner and the Junior Engineer, based on fake

Patna High Court CR. MISC. No.56770 of 2025(2) dt.03-09-2025 2/3 signature of the Headmaster of the concerned school on the bill related to submersible boring, bench and desk etc. obtained payment.

6. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case without holding a proper inquiry. It is next submitted that had petitioner been given an opportunity of hearing to explain his side of the case perhaps the instant FIR would not have been instituted. It is next submitted that petitioner is a registered contractor of the Road Construction Department, Government of Bihar and a tender notice was published inviting bid for digging submersible boring in the school, the petitioner in pursuance of the tender qualified and he was allotted the work order. It is also submitted that petitioner completed the work.

It is next submitted that petitioner being a registered contractor of the Road Construction Department, Government of Bihar, is aware of the consequences which would entail in the event if it is found that petitioner indulged in such activity. It is next submitted the obvious consequence of the same would be blacklisting. It is further submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

Patna High Court CR. MISC. No.56770 of 2025(2) dt.03-09-2025 3/3 which, payment was made.

7. Learned A.P.P. opposes the prayer for anticipatory bail application of the petitioner.

8. 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 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.

(Satyavrat Verma, J) amit/- U T