Patna High Court
Sanjit Kumar @ Amit KumarversusThe Stae of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sanjit Kumar, was arrested for allegedly impersonating his brother Amit Kumar in a written examination and using forged certificates, charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 10 of the Bihar Conduct of Examination Act. He had been in custody since 21 February 2026 and sought regular bail. The State opposed the bail, arguing the seriousness of the offences. The court examined the allegations, the period of custody, and the petitioner’s claim of innocence, and concluded that bail could be granted subject to strict conditions. Accordingly, the court ordered his release on bail of Rs. 10,000 with two sureties, imposing conditions of regular appearance, non‑tampering with witnesses, and refraining from further offences. The court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charges under the Bharatiya Nyaya Sanhita, 2023 and the Bihar Conduct of Examination Act.
- Whether the allegations constitute a prima facie case sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 112(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Bihar Conduct of Examination Act — s. 10
Subjects
- bail
- impersonation
- forged certificates
- examination fraud
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Conduct of Examination Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40578 of 2026
Arising Out of PS. Case No.-152 Year-2026 Thana- GARDANIBAG District- Patna
======================================================
Sanjit Kumar @ Amit Kumar S/o Premchand Sao Resident of - Flat No.12,
Mohaddipur, P.S.- Uphara, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kanchan Kumari
For the Opposite Party/s : Mr. Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Gardanibagh P.S. Case No. 152 of 2026 registered for the
offence under Section(s) 319(2), 318(4), 338, 336(3), 340(2),
112(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 10 of the Bihar Conduct of Examination Act.
3. As per the prosecution case, the allegation against
the petitioner is that he appeared in the written examination on
behalf of his brother, Amit Kumar, by impersonating him and
using forged certificates.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 21.02.2026 and claims clean
Patna High Court CR. MISC. No.40578 of 2026(2) dt.24-06-2026
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antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the allegation levelled against the petitioner and the period of
custody, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Gardanibagh P.S.
Case No. 152 of 2026 subject to conditions that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner;
(ii) the petitioner shall in no way
try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iii) the petitioner shall desist from
committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.,
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.40578 of 2026(2) dt.24-06-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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