Patna High Court
Guddu Kumar @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with specified conditions.
Summary
Guddu Kumar was arrested on 17 July 2025 for allegedly impersonating another person in a Bihar state examination, charged under several sections of the B.N.S. and section 10 of the Bihar Conduct of Examination Act, 1981. He applied for bail, asserting a clean criminal record and noting that the informant had not identified the person he purportedly impersonated. The prosecution opposed bail, but the court noted the lack of disclosure of the impersonated individual's identity and the petitioner's clean antecedent. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner's antecedents without delaying the release.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S. and the Bihar Conduct of Examination Act.
- Whether the lack of disclosure of the person impersonated and the petitioner's clean antecedent justify bail.
Legislation cited
- B.N.S. — s. 318(2), 319(2), 336(3), 338, 340(2), 61(2)
Subjects
- bail
- examination impersonation
- criminal procedure
- clean antecedent
- conditions of bail
- Bihar Conduct of Examination Act
- B.N.S.
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77038 of 2025
Arising Out of PS. Case No.-385 Year-2025 Thana- KISHANGANJ District- Kishanganj
======================================================
Guddu Kumar @ Sonu Kumar S/O Dinesh Yadav @ Mantosh Yadav R/O
Vill.- Barahi, Ward no. 4, P.O. Dhanchhoha, P.S.- Saur Bazar, Dist.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Binod Kumar Sinha, learned counsel for
the petitioner and Mr. Parmeshwar Mehta, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
17.07.2025 in connection with Kishanganj P.S. Case No. 385 of
2025, F.I.R. dated 16.07.2025 for the offences punishable under
Sections 319(2), 318(2), 338, 336(3), 340(2), 61(2) of the
B.N.S. and section 10 of Bihar Conduct of Examination Act,
1981.
3. According to prosecution case, petitioner was
involved in giving examination impersonating someone else in
the examination centre and was caught red handed.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and the petitioner has not
Patna High Court CR. MISC. No.77038 of 2025(3) dt.21-01-2026
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committed any offence as alleged in the F.I.R. It appears from
the F.I.R. that the petitioner has appeared in the examination in
question in place of another person but the informant has not
disclosed the name of person on whose behalf petitioner has
appeared. He further submits that the police after investigation,
submitted chargesheet against the petitioner and the petitioner is
in custody since 17.07.2025.
5. Learned APP for the State have vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and the informant has not
disclosed the name of person on whose behalf petitioner has
appeared in the examination, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Kishanganj
in connection with Kishanganj P.S. Case No.385 of 2025, with
the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
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reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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