Patna High Court
Mithlesh KumarversusThe State of BIhar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail is warranted in the present case, subject to the conditions of Section 482(2) of the BNS.
Summary
The petitioner, Mithlesh Kumar, sought anticipatory bail fearing arrest in a case (Sheikhpura PS Case No. 188 of 2025) alleging impersonation during a Home Guard Physical Efficiency Test, charged under Sections 319(2), 318(4) and 3(5) of the Bharitya Nagrik Suraksha Sanhita (BNS). He argued that he was not named in the FIR, that the alleged offender had already obtained anticipatory bail, and that he is a student with no prior criminal record. The State opposed the bail, contending the seriousness of the offences. The Court examined the facts, noted the petitioner’s lack of criminal antecedents, and applied the provisions of Section 482(2) of the BNS. It granted anticipatory bail, subject to a bail bond of Rs 10,000 and two sureties, and imposed conditions as per the statute. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 319(2), 318(4) and 3(5) of the BNS
- Whether the petitioner’s non‑inclusion in the FIR affects his eligibility for anticipatory bail
- Whether the conditions prescribed under Section 482(2) of the BNS are applicable
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 318(4), 319(2), 3(5), 482(2)
Subjects
- anticipatory bail
- impersonation
- Bharitya Nagrik Suraksha Sanhita
- criminal procedure
- section 319
- section 318
- section 3
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35588 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Mithlesh Kumar, S/o Rambalak Ram R/o Village - Teus, P.O.- Teus, P.S.-
Jairampur, District - Sheikhpura, Bihar
... ... Petitioner/s
Versus
The State of BIhar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priya Kumari
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The Petitioner is apprehending his arrest in
connection with Sheikhpura PS Case No 188 of 2025 registered
for the offence punishable under Sections 319 (2), 318 (4), 3 (5)
of the BNS.
4. As per the allegation, the petitioner is alleged to
have impersonated one Chandrasekhar Kumar during the
Physical Efficiency Test for the appointment of Home Guards.
5. Learned counsel for the petitioner has submitted
that the petitioner is not named in the first information report. It
has further been submitted that Chandrasekhar Kumar, whom
the petitioner is alleged to have impersonated, has been granted
Patna High Court CR. MISC. No.35588 of 2026(2) dt.21-05-2026
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the privilege of anticipatory bail by the Court below. It has
further been submitted that in the facts of the case, at best, a
case under Section 319 (2) of the BNS is made out. It has
further been submitted that the petitioner is a student. It has
lastly been submitted that the petitioner ha got no criminal
antecedent.
6. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail bond of Rs
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court concerned,
Sheikhpura, in connection with Sheikhpura PS Case No 188 of
2025 subject to the conditions as laid down under Section 482
(2) of the Bharitya Nagrik Suraksha Sanhita.
9. This application stands allowed.
(Praveen Kumar, J)
M.E.H./-
U T
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