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Patna High Court

Anand KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to prescribed conditions.

Summary

Anand Kumar filed an anticipatory bail application fearing arrest in connection with Katihar Nagar P.S. Case No.613 of 2024, where the FIR alleged offences under Sections 319(2), 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that co‑accused Chetan Kumar impersonated applicant Abhishek Kumar in a Bihar Constable recruitment exam and that the petitioner had received the admit card via WhatsApp. The petitioner contended that his name does not appear in the FIR, he has a clean antecedent, and the co‑accused have already been granted regular bail. The Additional Public Prosecutor opposed the anticipatory bail. Considering the petitioner’s clean record, lack of direct naming in the FIR, and the bail already granted to the co‑accused, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted to a person not named in the FIR but alleged to be involved through indirect evidence
  • Whether the petitioner’s clean antecedent and the regular bail granted to co‑accused justify anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • FIR
  • clean antecedent
  • impersonation
  • recruitment examination
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19991 of 2026
                  Arising Out of PS. Case No.-613 Year-2024 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Anand Kumar Son of Niranjan Mandal Resident of Village - Chaumukha, P.S.
                 - Pranpur, District - Katihar.
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md Musowir, Advocate
                 For the Opposite Party/s :      Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   19-05-2026                        Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Katihar Nagar P.S. Case No.613 of 2024, F.I.R

                   dated 28.08.2024 registered for the offences punishable under

                   Sections 319(2), 318(4), 338, 336(3) and 340(2) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3.    According to prosecution case, on 28.08.2024,

                   accused Chitan Kumar was apprehended at Middle School,

                   Mirchai Bari, Katihar, while allegedly appearing in the Bihar

                   Constable recruitment examination in place of applicant

                   Abhishek Kumar bearing Roll No. 7239010455.

                               4. Learned counsel for the petitioner submits that the co-

                   accused, namely, Chetan Kumar was caught for appearing in the

                   examination for recruitment of Bihar Constable at Middle School,

                   Mrchai Bari, Katihar, in place of the applicant, namely, Abhishek
Patna High Court CR. MISC. No.19991 of 2026(3) dt.19-05-2026
                                            2/3




          Kumar and it is the case of the petitioner that the petitioner has not

          been named in the F.I.R. and only on the basis of certain inputs

          said to have been received by the investigating agency that admit

          card of Abhishek Kumar was forwarded by Chetan Kumar to this

          petitioner on Whatsapp and on this basis, the petitioner has been

          roped in the instant case. It has further been submitted that the

          petitioner has clean antecedent and both Chetan Kumar and

          Abhishek have been extended the privilege of regular bail.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that the persons who have allegedly appeared for the applicant

          Abhishek Kumar along with Chetan Kumar have already been

          extended the privilege of regular bail and the petitioner has not

          been named in the F.I.R. and the petitioner has clean antecedent.

          Accordingly, this Court is inclined to grant the privilege of

          anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.19991 of 2026(3) dt.19-05-2026
                                                       3/3




                     satisfaction of the learned C.J.M., Katihar, in connection with

                     Katihar Nagar P.S. Case No.613 of 2024, subject to the

                     conditions as laid down under Section 438(2) of the Code of

                     Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita and with other following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative/known of the petitioner(s) who shall provide

                     official document/personal affidavit to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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