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Patna High Court

Kaushal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Kaushal Kumar, sought anticipatory bail fearing arrest in connection with PS Gardanibagh Case No. 651 of 2019, which alleged offences under IPC sections 419, 465, 468, 471, 472 and 120(B) for impersonating a person in an examination hall. The petitioner claimed innocence, no prior criminal record, and asserted that he was falsely implicated. The State, represented by the Additional Public Prosecutor, opposed the bail application. The Court, noting the petitioner’s young age and the prima facie nature of the allegations, inclined to grant anticipatory bail subject to conditions. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, within thirty days of the order, under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, with a clear disclaimer that the observations are not on the merits of the case.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the conditions prescribed under Section 438(2) CrPC and Section 482(2) Bharatiya Nagarik Suraksha Sanhita are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • impersonation
  • examination fraud
  • IPC sections 419, 465, 468, 471, 472, 120B
  • CrPC 438
  • Bharatiya Nagarik Suraksha Sanhita 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29739 of 2026
                     Arising Out of PS. Case No.-651 Year-2019 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Kaushal Kumar S/O Bhonu Yadav R/o vill- Dashrathpur, P.S.- Pawapuri,
                 Distt.- Nalanda

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sudish Kumar, Adv.
                 For the Opposite Party/s :      Mr.Ajay Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   13-05-2026                  Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Gardanibagh P.S. Case No. 651 of 2019

                   registered for the offences punishable under Sections 419, 465,

                   468, 471, 472 and 120(B) of of the Indian Penal Code.

                               3. The allegation against the petitioner is that he

                   impersonated someone in the examination hall.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and have falsely been implicated in the

                   present case. The petitioner got no criminal antecedent.

                               5. Learned APP for the State has vehemently opposed

                   the prayer for anticipatory bail of the petitioner.

                                6. Considering that the petitioner is a young boy and
           Patna High Court CR. MISC. No.29739 of 2026(3) dt.13-05-2026
                                                       2/2




                     he will face trial and states that he was forced into doing these

                     things. Accordingly, this Court is inclined to grant the privilege of

                     anticipatory bail to the petitioner.

                                  7. Let the petitioner, above named, in the event of

                     his/her arrest or surrender before the Court below within a

                     period of thirty days from the date of receipt of the order, be

                     released on bail on furnishing bail bond of Rs. 10,000/- (Ten

                     Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Chief Judicial Magistrate, Patna in

                     connection with Gardanibagh P.S. Case No. 651 of 2019,

                     subject to the conditions as laid down under Section 438(2) of

                     the Code of Criminal Procedure / Section 482(2) of the

                     Bharatiya Nagarik Suraksha Sanhita.

                                  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.



                                                      (Ansul, J)
abhishekkr/-

U      T


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