Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
Santosh Kumar was arrested for allegedly impersonating a co-accused in a competitive examination, charged under several sections of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming innocence, clean antecedents, and having been in custody since 11‑12‑2025. The State opposed the bail on the seriousness of the allegations. The Patna High Court, after considering the nature of the offences, the period of custody, and the petitioner’s clean record, granted regular bail on a cash bond of Rs.10,000 with two sureties, subject to attendance at the police station, regular trial appearance, and verification of antecedents. The order is expressly limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charges of impersonation and related offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the conditions imposed are sufficient to justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5), 61(2)
Subjects
- regular bail
- impersonation
- competitive examination
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26918 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- MITHANPURA District- Muzaffarpur
======================================================
Santosh Kumar Son of Virendra Kumar Sinha Resident of Village- Bhakhra,
Ward No. 07, P.S.- Masaudhi, District- Patna (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Gautam
For the Opposite Party/s : Mr. Parmeshwar Mehta
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Mithanpur P.S. Case No. 334 of 2025 registered for the offence
under Section(s) 318(4), 338, 336(3), 340(2), 61(2) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have impersonated the co-accused Ranjit Kumar and
appeared in the competitive examination on his behalf.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 11.12.2025 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.26918 of 2026(2) dt.22-04-2026
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opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the nature of allegation and the period of custody, 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 Court below where the case is
pending/successor Court in connection with Mithanpur P.S.
Case No. 334 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Masaudhi Police Station
on the first and third Sunday of each month.
Any default in appearance at the Police
Station would result in cancellation of bail
bond of the petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
Patna High Court CR. MISC. No.26918 of 2026(2) dt.22-04-2026
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for purpose of or in the name of verification.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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