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Patna High Court

Nigam KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                      2/2




                    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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