Patna High CourtCR. MISC./86460/2025disposed

Sanjay v. The Union Of India Through Central Bureau Of Investigation, Patna, Bihar

2026-05-08Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86460 of 2025 Arising Out of PS. Case No.-4 Year-2013 Thana- C.B.I CASE District- Muzaffarpur ====================================================== Sanjay S/o Harihar Prasad Singh R/o Village - Dih Gawpur, Gaupur, Ward No. 08, P.S.- Ujiyarpur, District - Samastipur. ... ... Petitioner/s

Versus

The Union of India through Central Bureau of Investigation, Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kanchan Jha, Advocate For the C.B.I.

Mr. Shashank Chandra, SC ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-05-2026

1. Heard learned counsel for the petitioner and Mr. Shashank Chandra, learned counsel appearing on behalf of the C.B.I.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 120B, 420, 467, 468, 471 and 477A of the Indian Penal Code as well as Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

3. Learned counsel appearing on behalf of the petitioner submits that petitioner is a person with clean antecedent and had earlier moved this Court seeking anticipatory bail by filing Cr. Misc. No. 61611 of 2019 and the same came to be rejected vide order dated 18.12.2019 passed by the then learned Coordinate Bench of this Court. Learned counsel for the petitioner further submits that informant alleges that in between 2008-2012, 13

Patna High Court CR. MISC. No.86460 of 2025(3) dt.08-05-2026 2/3 candidates were appointed as Gramin Dak Sewak (GDS) based on the forged certificate allegedly issued by the Bihar Sanskrit Siksha Board.

4. Learned counsel for the petitioner submits that when anticipatory bail of the petitioner was rejected by an order dated 18.12.2019 in Cr. Misc. No. 61611 of 2019 by then the chargesheet had already been submitted in the year 2015 itself. It is further submitted that the C.B.I., during the course of investigation, never felt the need of arresting the petitioner and petitioner cooperated in the investigation and thereafter chargesheet also came to be submitted. It is next submitted that even after rejection of the anticipatory bail application of the petitioner by this Court, the C.B.I. did not make any endeavours to arrest the petitioner. It is also submitted that till date process under Sections 82 and 83 Cr.P.C. has not been issued. It is, thus, reiterated and submitted that since the C.B.I. never felt the need of arresting the petitioner, whether it would be prudent for the Court to send the petitioner to jail at this stage.

5. Learned counsel appearing on behalf of the C.B.I. is not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioner that the C.B.I. never felt the need of arresting the petitioner but then submits that whether process under Sections 82 and 83 Cr.P.C. has been issued or not

Patna High Court CR. MISC. No.86460 of 2025(3) dt.08-05-2026 3/3 for that instruction is required.

6. After hearing the learned counsel for the parties and considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, abovenamed, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional 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 RC Case No. RC0232013A0004, dated 12.03.2013 corresponding to Tr. No. 27 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

7. However, if it is found that process under Sections 82 and 83 Cr.P.C. has been issued against the petitioner in that event the provisional anticipatory bail bond shall not be confirmed but if it is found that process under Sections 82 and 83 Cr.P.C. has not been issued till date in that event the provisional anticipatory bail bond shall be confirmed forthwith.

(Satyavrat Verma, J) Kundan/- U T