Patna High Court
Anant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court refused to grant anticipatory bail to the petitioner.
Summary
Anant Kumar petitioned for anticipatory bail in a criminal case (PS Case No. 497 of 2025) alleging offences under Sections 318(4), 319(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution claimed that an unknown person had impersonated the petitioner in a BMT‑III test, was identified by a patrolling magistrate, and later fled, leading to the filing of the case against the petitioner. The petitioner asserted his innocence, stating he was not present at the scene and has a clean antecedent. The State opposed bail, arguing the petitioner benefitted from the alleged fraud. After hearing both sides, the Court declined to grant anticipatory bail, rejecting the petitioner's prayer.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged impersonation and alleged offences under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 3(5)
Subjects
- anticipatory bail
- forgery
- impersonation
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36202 of 2026
Arising Out of PS. Case No.-497 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
Anant Kumar Son of Suresh Prasad Yadav @ Suresh Prasad R/O Vill.-
Manjhauli, P.O.- Makhdumpur, P.S.- Tankuppa, District- Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Abhigyan, Adv.
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
A.P.P for the State.
3. The petitioner is apprehending arrest in connection
with Bodh Gaya P.S. Case No. 497 of 2025 lodged on
10.07.2025, for the offence punishable under Sections 318(4),
319(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending in
the Court of C.J.M., Gaya.
4. As per the prosecution, FIR has been lodged against
the present petitioner and one unknown person. It has been
alleged that one unknown person appeared in the BMT-III
running test in place of petitioner and he was identified by the
patrolling Magistrate. But, when he was sent for check up, then
the said unknown accused fled away and being a Nodal Officer,
the case has been lodged against the said unknown person and
Patna High Court CR. MISC. No.36202 of 2026(2) dt.02-06-2026
2/2
against the petitioner on whose instance, the said unknown
person has appeared.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the petitioner was not present at the place of
occurrence and the accused who was caught by the police there,
fled away. He submits that the petitioner has unnecessarily been
made accused in this case. He also submits that the petitioner
has clean antecedent and he is ready to fulfill all the conditions
whatsoever shall be imposed upon him.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that it is the petitioner on
whose instance, the said forged candidate has appeared by
committing forgery against the system and it is the petitioner
who is the beneficiary of the said fraud.
7. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner stands rejected.
(Dr. Anshuman, J)
Divyansh/-
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