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Patna High Court

Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
            Patna High Court CR. MISC. No.73482 of 2025(4) dt.21-01-2026
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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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