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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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