Patna High Court
Nigam KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to bail and the Court ordered their release on bail.
Summary
The petitioners, Nigam Kumar and Anil Kumar, were arrested for allegedly impersonating candidates in a written constable examination, charged under several sections of the Bihar Negotiable Instruments Act, 2023 and the Bihar Examination Act. They applied for bail, contending innocence, lack of criminal antecedents, and that a co‑accused in a similar case had already been released on bail. The State opposed the bail on the ground of the seriousness of the offences. The Court considered the petitioners' young ages (23 and 28), their clean records, and the precedent of bail granted in Cr. Misc. No. 30122 of 2026. Finding no compelling reason to keep them in custody, the Court ordered bail on a bond of Rs 10,000 with two sureties each. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioners are entitled to bail despite charges of impersonation under the Bihar Negotiable Instruments Act and Bihar Examination Act
- Whether the petitioners' age, lack of prior criminal record, and the bail granted to a co‑accused in a similar case justify granting bail
Legislation cited
- Bihar Examination Act — s. 10
- Bihar Negotiable Instruments Act, 2023 — s. 112(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
Subjects
- bail
- impersonation
- examination fraud
- criminal procedure
- age
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32247 of 2026
Arising Out of PS. Case No.-197 Year-2026 Thana- GARDANIBAG District- Patna
======================================================
1. Nigam Kumar S/O Pankaj Kumar Singh R/O- Chakramania, P.S- Beldaur,
Dist- Khagaria.
2. Anil Kumar S/O Satish Mahto R/O Ward No.9, Village- Sahebpur Kamal,
P.S- Sahebpur Kamal, Dist.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate.
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with B.P. No. 709 of 2026 arising out of Gardanibagh P.S. Case
No. 197 of 2026 registered for the offence punishable under
Sections 319(2), 318(4), 338, 336(3), 340(2), 112(2), 61(2), 3(5) of
the B.N.S., 2023 and Section 10 of the Bihar Examination Act.
3. The case of the prosecution, in short, is that the
petitioners were caught while they were alleged to have
impersonating someone at examination center in the written
examination of Constable.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
Patna High Court CR. MISC. No.32247 of 2026(2) dt.13-05-2026
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case. He also submits that at the stage of interview, when the
photograph did not match, this case was filed. He also submits that
the petitioners namely, Nigam Kumar and Anil Kumar are aged
about 23 years and 28 years respectively. He further submits that
similarly situated co-accused namely, Abhimanu Kumar has been
granted bail by the learned coordinate Bench of this Court vide Cr.
Misc. No. 30122 of 2026. The case of these petitioners stands on
similar footing. Moreover, a statement has been made in para 3 of
the petition that petitioners have no criminal antecedent and they
are languishing in judicial custody since 06.03.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M.-XIII, Patna in connection with Gardanibagh P.S. Case
No. 197 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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