Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner upon furnishing the prescribed bond and sureties, subject to verification of antecedent and monthly police attendance.
Summary
The petitioner, Sunny Kumar, was arrested in connection with a case of impersonation and examination fraud under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bihar Negotiable Securities Act (BNS). He claimed innocence, asserted a clean antecedent, and sought bail. The State opposed the bail application. The Patna High Court, after considering the submissions, ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties of the same amount, subject to verification of his antecedent and monthly police attendance. The court clarified that the order is limited to the bail application and does not prejudice the trial. The bail bonds may be cancelled if the petitioner defaults on the attendance condition.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the petitioner’s clean antecedent warrants the grant of bail.
- What conditions, if any, should be imposed on the grant of bail in this case.
Legislation cited
- Bihar Negotiable Securities Act — s. 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- impersonation
- examination fraud
- criminal procedure
- clean antecedent
- surety
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25120 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- RAJGIR District- Nalanda
======================================================
Sunny Kumar Son of Bullu Ram @ Bablu Ram Resident of village - Chakdi,
P.S.- Asthawan, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Prasad
For the Opposite Party/s : Mr.Ajay Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Rajgir P.S.
Case No. 86 of 2026 registered for the offence punishable under
Sections 318(4), 338, 336(3), 340(2), 3(5) of BNS.
3. As per the prosecution case, the petitioner is alleged to
have impersonated and appeared in examination in place of the original
candidate.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been implicated
in this case. The petitioner is in custody since 08.02.2026 having clean
antecedent.
5. Learned APP appearing for the State opposes the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the case and
Patna High Court CR. MISC. No.25120 of 2026(2) dt.16-04-2026
2/2
submissions of learned counsel for the petitioner, let the petitioner,
above named, be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount each to
the satisfaction of the learned Chief Judicial Magistrate, Nalanda at
Biharsharif /concerned Court below in connection with Rajgir P.S.
Case No. 86 of 2026.
7. As the petitioner claims to have clean antecedent, the
Court below, before accepting the bail bonds of the petitioner is
directed to verify the antecedent of the petitioner. If the petitioner is
found to be involved in any other case then the bail bonds of the
petitioner shall not be accepted.
8. As a condition of this order, the petitioner after being
released on bail is directed to mark their attendance at local police
station on first Sunday of each month. Any default in appearance at the
police station will result in cancellation of bail bonds of the petitioner.
9. It is, however, clarified that the observations made herein
are limited to the adjudication of the present bail application and shall
not prejudice the case of the petitioners at any subsequent stage of the
trial and this Court has not express any opinion on the merits of the
case.
(Sandeep Kumar, J)
sanjeev/-
U T
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