Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Gautam Kumar, applied for anticipatory bail fearing arrest in a case registered under Section 319(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that he had induced another person to appear for a police constable recruitment examination. He contended that he had no role in the alleged impersonation, highlighted his clean antecedent, and emphasized the severe impact of arrest on his academic and professional future. The State opposed the bail, arguing the seriousness of the alleged offences. The Court, after considering the submissions, granted anticipatory bail subject to conditions prescribed under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order required a cash bond, sureties, personal appearance at each trial date, and provisions for cancellation upon breach or repeat offences. The order was made clear that any observations would not affect the trial proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged impersonation offence justifies denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false representation
- police recruitment exam
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81752 of 2025
Arising Out of PS. Case No.-312 Year-2025 Thana- BANKA District- Banka
======================================================
Gautam Kumar, Son of Dharmendra Chaudhary, R/o Village - Dakhber, P.S. -
Parhaiya, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Adv.
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Banka P.S. Case No. 312 of 2025 registered for
the offence(s) under Section(s) 319(2), 318(4) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. The allegation against the petitioner is that he had
made one Prakrist Kumar @ Prahast Kumar @ Umesh Kumar
in his place to appear in an examination for appointment as
Constable in the police service.
4. The learned counsel for the petitioner submits that
the petitioner is a student of B.A. (Hons.) and has a bright future
Patna High Court CR. MISC. No.81752 of 2025(2) dt.15-01-2026
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ahead. It has been submitted that there is nothing on the record
to suggest that it was the petitioner who had asked the said co-
accused to sit for his examination. It has next been submitted
that the petitioner belongs to a very poor family and his entire
career will be ruined if he is apprehended in the present case. It
has lastly been submitted that the petitioner has clean
antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioner, above-named, be released on anticipatory bail, in
the event of his arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court/successor Court where the
case is pending in connection with Banka P.S. Case No. 312 of
2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973 read with
corresponding Section 482(2) of the Bharatiya Nagarik
Patna High Court CR. MISC. No.81752 of 2025(2) dt.15-01-2026
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Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
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