Patna High Court
Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The Court granted anticipatory bail to the petitioner subject to strict conditions and a six‑week surrender/arrest period.
Summary
Shankar Kumar sought anticipatory bail after being implicated in a case where another individual, Chanchal Kumar, allegedly appeared in his place for a CTET exam, leading to charges under Sections 319(2), 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner argued that he was innocent, that no expert verification of his handwriting or photograph had been done, and that he had no prior criminal record. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail provided he surrenders or is arrested within six weeks, posts a bail bond of Rs.10,000 with two sureties, and complies with several conditions including cooperation with the trial and non‑tampering with evidence. The bail is subject to cancellation if the petitioner defaults on the conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 despite the serious nature of the alleged offences.
- Whether the lack of expert verification of handwriting/photo and the claim of false implication justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2), 482(2)
Subjects
- anticipatory bail
- false implication
- impersonation
- CTET exam
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31751 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- SAHPUR District- Patna
======================================================
Shankar Kumar, S/o Suresh Mehta, R/o Village- Kolhua Beharari, Ward
No.13, PS- Shankarpur, Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlesh Prasad Yadav, Adv.
For the Opposite Party/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Shahpur P.S. Case No. 50 of 2026 dated 07.02.2026, registered
for the offence punishable under Sections 319(2), 318(4), 338,
336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, Chanchal Kumar was
appearing in CTET Exam in place of Shankar Kumar
(petitioner) and during checking the said Chanchal Kumar was
arrested, who confessed that he was participating in place of
Shankar Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is submitted that the petitioner has not been arrested and
Patna High Court CR. MISC. No.31751 of 2026(2) dt.07-05-2026
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the handwriting and photo of the petitioner has not been
confirmed by the expert or any electronic device. Nothing
incriminating has come against the petitioner. It is further
submitted that the petitioner has not participated but instead of
him one Chanchal Kumar participated in the said exam due to
which he has been made accused in this case. Lastly, it has been
submitted that the petitioner has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Shahpur P.S. Case No.
50 of 2026, he shall be released on anticipatory 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
A.C.J.M., Danapur, subject to condition as laid down under
Section 482(2) of B.N.S.S. as also to the following conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.31751 of 2026(2) dt.07-05-2026
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2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
(Khatim Reza, J)
prabhat/-
U T
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