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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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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