Created by Fuzzy Cloud

Patna High Court

Sunny KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.