Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to prescribed conditions.
Summary
The petitioner, Prakash Kumar, was arrested for allegedly impersonating a candidate in a constable recruitment examination and charged under several sections of the Bihar Negotiable Instruments Act and the Bihar Public Examination (Prevention of Unfair Means) Act. He had no prior criminal record and had been in custody since July 23, 2025, with the charge sheet already filed. The petitioner’s counsel argued that continued detention would ruin his academic and career prospects. The State opposed bail, citing the seriousness of the offences. Considering the petitioner’s clean antecedent, the period of custody, and the filing of the charge sheet, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional court‑imposed conditions. The bail was granted with stipulations regarding attendance and potential cancellation upon violation.
Issues considered
- Whether bail should be granted to the petitioner accused of impersonation and related offences under the Bihar Negotiable Instruments Act and the Bihar Public Examination (Prevention of Unfair Means) Act.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(4), 336(3), 338, 3(5), 480(3)
Subjects
- bail
- impersonation
- recruitment examination
- unfair means
- clean antecedent
- Bihar Negotiable Instruments Act
- Bihar Public Examination Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73482 of 2025
Arising Out of PS. Case No.-354 Year-2025 Thana- BETTIAH CITY District- West
Champaran
======================================================
Prakash Kumar S/o Suryadev Prasad R/o Village- Ghuran Bigha, P.S.- Kako,
District- Jehanabad
.. ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Sujata Sinha, Advocate
Ms. Shalu Sinha, Advocate
For the Opposite Party/s : Mr.Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Bettiah Town P.S. Case No. 354 of 2025
registered for the alleged offences under Sections 316(2),
318(4), 336(3), 338, 3(5) of B.N.S. and Sections 3(v), 3(ix),
10(1) of the Bihar Public Examination (Prevention of Unfair
Means) Act.
03. As per prosecution case, the petitioner was
apprehended impersonating one of the candidates in Constable
Recruitment Examination.
04. Learned counsel for the petitioner submits that the
petitioner has got no criminal antecedent and he is in custody
Patna High Court CR. MISC. No.73482 of 2025(4) dt.21-01-2026
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since 23.07.2025. Only on suspicion the petitioner has been
apprehended. The petitioner is a student and his career will be
ruined, if he is allowed to rot in jail. The charge sheet has been
submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner, his clean antecedent and
submission of charge sheet, the petitioner above named is
directed to 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 learned Chief Judicial Magistrate,
West Champaran, Bettiah/concerned Court in connection with
Bettiah Town P.S. Case No. 354 of 2025, subject to the
conditions mentioned in Section 480(3) of B.N.S.S. and also the
following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
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(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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