Mukesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22459 of 2026
                        Arising Out of PS. Case No.-412 Year-2014 Thana- BIHAR District- Nalanda
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                 Mukesh Kumar S/o Pramod Kumar R/o Vill - Tarpur, P.O - Kapsiyawan, P.S -
                 Hilsa, Dist - Nalanda
                                                                          ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr.Birendra Kumar, Adv.
                 For the Opposite Party/s :        Mr.Parmeshwar Mehta, APP
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                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   06-05-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Bihar P.S. Case No. 412 of 2014 dated 19.10.2014

                   registered for the offence punishable under Section/s 419 and

                   420 of the Indian Penal Code and Section 10 of the Bihar

                   Examination Act.

                           3. The prosecution case, in brief, is that one Saroj Kumar,

                   son of Pradeep Kumar and resident of P.S. Hilsa, Nalanda, was

                   found appearing in the Sipahi Recruitment Examination in place

                   of Mukesh Kumar, son of Pramod Kumar. He was apprehended

                   and expelled from the examination for impersonation.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. It is further submitted that on the date of the
Patna High Court CR. MISC. No.22459 of 2026(3) dt.06-05-2026
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          Constable Recruitment Examination, due to illness, the

          petitioner could not appear in the said examination, while some

          other person is alleged to have appeared in the examination on

          the basis of the admit card issued by the Controller of

          Examination. It is next submitted that the person who is alleged

          to have appeared in the recruitment examination has already

          been taken into judicial custody and has also been granted bail,

          and that the petitioner has clean antecedents. It is lastly

          submitted that the petitioner is ready to cooperate with the

          investigation and that, for earning his livelihood, he has been

          residing in Ludhiana, Punjab, for a long time and had no

          knowledge of the allegations made in the present case.

                  5. Learned APP for the State opposes the prayer for grant

          of anticipatory bail.

                  6. Having heard learned counsel for the parties and taking

          into consideration the fact that the person who was found

          impersonating the petitioner has already been taken into judicial

          custody, and that the petitioner has already been debarred from

          the said examination and has clean antecedents, this Court is

          inclined to grant anticipatory bail to the petitioner.

                  7. Let the petitioner, above named, be released on

          anticipatory bail in the event of his arrest or surrender before the
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                        court below within a period of four weeks from today on

                        furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                        two sureties of the like amount each to the satisfaction of

                        learned Chief Judicial Magistrate, Bihar Sharif, Nalanda in

                        connection with Bihar P.S. Case No. 412 of 2014, subject to the

                        condition as laid down under Section 482(2) of the B.N.S.S. as

                        well as the 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 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;



                                                                                 (Ajit Kumar, J)
rishi/-

U         T