Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioner, Kundan Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 419, 420 and 34 of the IPC read with Section 10 of the Bihar Conduct of Examination Act, 1981. He asserted a clean record and claimed he was merely giving an examination on behalf of another person, Aditya Kishore. Although the police had issued a notice under Section 41A CrPC and later filed a charge‑sheet, they had not deemed arrest necessary during investigation. The petitioner argued that he would cooperate with the trial and not abscond. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) CrPC.
Issues considered
- Whether anticipatory bail should be granted when a charge‑sheet has been filed and cognizance taken.
- Whether the petitioner is likely to abscond or tamper with evidence in offences punishable with up to seven years imprisonment.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 41A, 438(2)
- Indian Penal Code — s. 34, 419, 420
Subjects
- anticipatory bail
- IPC sections 419, 420, 34
- Bihar Conduct of Examination Act
- Section 10
- Section 41A CrPC
- Section 438 CrPC
- bail conditions
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72338 of 2025
Arising Out of PS. Case No.-53 Year-2020 Thana- VISHNUPAD District- Gaya
======================================================
Kundan Kumar S/O Krishna Paswan R/O Village- Imadpur, P.S- Tankupa,
District- Gaya, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Shamimul Hoda, Adv.
Mr. Anuj Kumar, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 419, 420
and 34 of the Indian Penal Code read with Section 10 of Bihar
Conduct of Examination Act, 1981.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent. It is next submitted
that in sum and substance the allegation is that petitioner was
caught giving examination in place of Aditya Kishore. It is next
submitted that the offences for which the instant FIR was
instituted, carries punishment of seven years and less, thus
police had given notice under Section 41(A) of the Cr.P.C. and
the petitioner during the course of investigation cooperated with
the police but then the police after investigation submitted
Patna High Court CR. MISC. No.72338 of 2025(2) dt.11-02-2026
2/2
charge sheet, based on which, cognizance came to be taken,
thus, petitioner apprehends his arrest. It is further submitted that
when police during the course of investigation never felt the
need of arresting the petitioner and petitioner cooperated in the
investigation, whether it would be prudent for the Court to send
the petitioner to jail, based on an order of cognizance. It is also
submitted that petitioner will not abscond rather will cooperate
in the trial to prove his innocence.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Vishnupad P.S. Case No. 53 of 2020 subject to the
conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
amit/-
U T
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