Patna High Court
Sanu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner, subject to a bail bond and verification of his clean antecedent.
Summary
The petitioner, Sanu Kumar, was arrested in connection with a case registered under several sections of the B.N.S. and the Bihar Conduct of Examination Act after it was alleged that another person had appeared in his place during an examination. The petitioner claimed innocence, asserted a clean antecedent, and had been in custody since 20 January 2026, undertaking to cooperate with the trial. The State opposed the bail application, citing the seriousness of the offences. The Court, after considering the facts, allowed the regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to verification of his clean antecedent by the lower court. The bail order was conditioned on the satisfaction of the learned Additional Chief Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite the allegations of impersonation in an examination and the nature of the offences charged.
- Whether the petitioner’s claim of a clean antecedent and willingness to cooperate suffices for bail under the applicable statutes.
Legislation cited
- B.N.S. — s. 112(2), 318(4), 336(3), 338, 340(2)
Subjects
- bail
- criminal procedure
- false implication
- examination fraud
- clean antecedent
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21784 of 2026
Arising Out of PS. Case No.-724 Year-2024 Thana- GARDANIBAG District- Patna
======================================================
Sanu Kumar S/O Ajay Lal Yadav @ Ajab Lal Yadav R/O Village- Kamarganj,
P.S.- Sultanganj, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Eashita Raj, Advocate
For the Opposite Party/s : Ms.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Gardhanibagh P.S. Case No. 724/2024 registered for the
offences punishable under Sections 318(4), 338, 336(3), 340(2),
112(2) of B.N.S. and Sections 10, 11 of Bihar Conduct of
Examination Act.
3. As per the prosecution case, someone else
appeared in place of the petitioner in the examination and the
petitioner was subsequently arrested.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
clean antecedent and he is in custody since 20.01.2026. The
Patna High Court CR. MISC. No.21784 of 2026(2) dt.24-04-2026
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petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M. XIII, Patna /concerned
Court below in connection with Gardhanibagh P.S. Case No.
724/2024.
8. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
(Sandeep Kumar, J)
tusharika/-
U T
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