Animish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76532 of 2025 Arising Out of PS. Case No.-1239 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Animish Kumar S/o Ajit Kumar Das @ Surendra Das R/o Village- Samda, PS- Gurua, Distt.- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nilam Kumari D/o Gaya Ravidas R/o vill - Kajarsot, PS. - Sherghati, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the State :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Section 406 and 420/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he had applied in pursuance of an advertisement for appointment as S.I. Further, the petitioner along with his father came and convinced him that if he parts with Rs.2,94,000/-, in that event, the informant would be appointed as S.I. Accordingly, the informant paid an amount of Rs.1,25,000/- in

Patna High Court CR. MISC. No.76532 of 2025(2) dt.11-02-2026 2/3 cash and Rs.1,69,000/- was credited in the account.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations, as alleged in the FIR, it would manifest that in sum and substance the informant alleges that for seeking appointment as S.I. through backdoor method, he had paid an amount of Rs.2,94,000/- to the accused persons including the petitioner based on their assurance. It is further submitted that even presuming what has been alleged is true without admitting then informant himself intended to get appointed as S.I. through backdoor on strength of money which in itself is an illegality. It is also submitted that if anticipatory bail of the petitioner is rejected that would amount to perpetuating an illegality. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned APP opposes the anticipatory bail application.

6. Considering the submissions made by learned counsel for the petitioner, let petitioner, above named, in the event of his arrest or surrender within a period of six weeks from today, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.76532 of 2025(2) dt.11-02-2026 3/3 Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Sherghati, Gaya in connection with Sherghati P.S. Case No.1239 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned Trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the investigation, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

8. Let a copy of this order be sent to the concerned police station through the learned court below. (Satyavrat Verma, J) Sanjay/- U T