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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                              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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