Patna High Court

Sunil KumarversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court held that, since the petitioner was not named in the FIR and had no involvement in the alleged impersonation, anticipatory bail was warranted.

Summary

The petitioner, Sunil Kumar, sought anticipatory bail fearing arrest in a case (Buxar Town PS Case No.416 of 2025) involving alleged impersonation in a constable recruitment exam. The FIR named sections 319(2), 318(4), 336(3), 340(2), 341(1) and 3(5) of the Indian Penal Code, but did not name the petitioner. He argued that he was merely an instructor at a physical academy where the alleged impersonators trained and had no role in the impersonation. The State opposed the bail. The Court, noting that the petitioner was not named in the FIR, had no criminal antecedent, and was not the impersonator or a candidate, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S, 2023.

Issues considered

Whether anticipatory bail can be granted when the petitioner is not named in the FIR.
Whether the petitioner’s association as an instructor makes him liable under the IPC sections alleged.
What conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023 must be imposed for anticipatory bail.

Legislation cited

B.N.S.S., 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)
Indian Penal Code — s. 318(4), 319(2), 336(3), 340(2), 341(1), 3(5)

Subjects

anticipatory bail
impersonation
recruitment examination
Indian Penal Code
Criminal Procedure Code
bail bond
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7506 of 2026
                        Arising Out of PS. Case No.-416 Year-2025 Thana- BUXAR District- Buxar
                 ======================================================
                 Sunil Kumar Son of Dashrath Mahto R/o Village - Raghunandan Bigha, P.S. -
                 Halsi, Dist. - Lakhisarai.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amrendra Kumar, Advocate
                 For the Opposite Party/s :       Mr.Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   04-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner apprehends his arrest in connection

                   with Buxar Town P.S. Case no.416 of 2025 registered under

                   sections 319(2), 318(4), 336(3), 340(2), 341(1) and 3(5) of

                   Indian Penal Code.

                                3. Allegation in the F.I.R is that one Arvind Kumar

                   was appearing as candidate in place of original candidate Niraj

                   Kumar in the constable recruitment examination.

                                4. Learned counsel for the petitioner submits that

                   petitioner is not named in the F.I.R and his name has transpired

                   subsequently during course of investigation as an instructor in a

                   physical academy where these two petitioners took physical

                   training. As a matter of fact, the petitioner never ran any
            Patna High Court CR. MISC. No.7506 of 2026(2) dt.04-02-2026
                                                        2/2




                      academy and was in no manner involved in the alleged incident

                      of impersonation. He is neither the person who impersonated

                      any candidate nor one of the actual candidates. He undertakes to

                      co-operate in investigation.

                                     5. The application for anticipatory bail is opposed by

                      learned A.P.P. for the State.

                                     6. Taking into consideration the aforesaid facts of the

                      case and also considering that petitioner has not been named in

                      the F.I.R and he is neither the impersonator nor the actual

                      candidate, it is directed that the petitioner, above named having

                      no criminal antecedent, in the event of his arrest or surrender

                      before the learned Court below within a period of four weeks,

                      be released on anticipatory bail in connection with Buxar Town

                      P.S. Case no.416 of 2025 on furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each      to      the     satisfaction       of     the   learned   Court

                      concerned/Successor Court, subject to the condition laid down

                      under Section 438(2) of the Code of Criminal Procedure/Section

                      482(2) of the B.N.S.S, 2023.


                                                (Soni Shrivastava, J)

Harsh/-
U       T

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