Allowed¶16

Nitesh Kumar @ Nitish Kumar v. The State of Bihar

Anticipatory bail – granted

Patna HC15 Apr 2026CR. MISC./20443/2026

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Case brief

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What is this about?

Anticipatory bail; parity with co-accused; cheating and forgery in recruitment examination (thumb impression and handwriting mismatch); Sections 419, 420, 467, 468, 471 IPC; Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023; Hawai Adda/Airport Police Station Case No. 28 of 2019, Patna; Criminal Miscellaneous No. 20443 of 2026; bail conditions; clean antecedents; Patna High Court.

What did the court decide?

Anticipatory bail allowed: petitioner to be released on bail in the event of arrest or surrender within six weeks, on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount, subject to Section 482(2) BNSS 2023 conditions and the further conditions imposed by the Court. ¶16

Nitesh Kumar @ Nitish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Hawai Adda P.S. Case No. 28 of 2019 instituted under Sections 419, 420, 467, 468 & 471 IPC, is entitled to anticipatory bail.

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Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner to be released on bail on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount to the satisfaction of the learned A.C.J.M.-Vth, Patna/concerned Court, in connection with Hawai Adda P.S. Case No. 28 of 2019, the Court being guided by the petitioner's fair antecedents, the nature of allegations and parity with similarly situated co-accused already granted anticipatory bail.

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Ratio / Principle

Bail is subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and further conditions: one bailor to be a family member/relative furnishing official ID (Aadhar Card, PAN Card, Driving License, Voter ID); appearance on each and every date before the Trial court, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial court; no inducement, promise or threat to witnesses or tampering with evidence; and desistance from committing any further criminal offence, failing which the State may take steps for cancellation of the bail bonds.

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Detailed headnote1 paragraphs

Anticipatory bail - granted - Patna High Court (Sunil Dutta Mishra, J.) allowed the anticipatory bail application of Nitesh Kumar @ Nitish Kumar in Hawai Adda P.S. Case No. 28 of 2019, Patna, instituted under Sections 419, 420, 467, 468 & 471 IPC, arising from an alleged mismatch of thumb impression and handwriting of candidates (including the petitioner) against preserved samples in a recruitment examination for drivers, police and fire-fighting personnel. Relying on parity with similarly situated co-accused Dhirendra Kumar and Md. Perwez, already granted anticipatory bail by Coordinate Benches (Cr. Misc. Nos. 12931 of 2026 and 17032 of 2026), the petitioner's fair antecedents and the nature of allegations, the Court directed release on bail in the event of arrest or surrender within six weeks on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount, subject to Section 482(2) BNSS 2023 and further conditions (family-member bailor with official ID, appearance on every trial date, no tampering with witnesses or evidence, and no repetition of offences).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20443 of 2026

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Arising Out of PS. Case No.-28 Year-2019 Thana- AIRPORT District- Patna

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======================================================

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Nitesh Kumar @ Nitish Kumar Son of Pramod Prasad Singh R/o P.O. - Piroi, P.S.- Garaul, Dist- Vaishali, Bihar.

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... ... Petitioner/s

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Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Advocate. For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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2 15-04-2026

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Hawai Adda P.S. Case No.28 of 2019 instituted under Sections 419, 420, 467, 468 & 471 of the Indian Penal Code.

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As per the prosecution case, the informant alleged that pursuant to the advertisement for the appointment of driver, police and fire fighting persons, examination was held at different centres. Further, after they crossed the physical efficiency test, were called for driving test and were supposed to give their respective thumb impression on the scanner which were preserved. Later, it was found that the thumb impression as also hand writing of some of the candidates including the petitioner did not match with the original samples, accordingly, FIR was lodged.

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Learned counsel for the petitioner submits that petitioner has appeared in the examination but wrongly

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Patna High Court CR. MISC. No.20443 of 2026(2) dt.15-04-2026 2/3

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implicated in the case. He further submits that, though the FIR is of the year 2019, he had no knowledge about his name in the said case and came to know only after the notice was issued to the petitioner by the Airport Police Station, Patna on 29.08.2025 thereafter, the anticipatory bail was filed. Learned counsel submits that similarly situated co-accused persons namely Dhirendra Kumar and Md. Perwez have already been granted anticipatory bail by the Co-ordinate Benches of this Court vide orders dated 26.02.2026 & 08.04.2026 passed in Cr. Misc. Nos.12931 of 2026 & 17032 of 2026 respectively. He further submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial of the case.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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Considering the facts and circumstances of the case, submissions of learned counsel for the parties, fair antecedent of petitioner and the nature of allegation leveled against him as well as the fact that similarly situated co-accused persons have already been granted anticipatory bail, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-V^th ,

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Patna High Court CR. MISC. No.20443 of 2026(2) dt.15-04-2026 3/3

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Patna/ concerned Court in connection with Hawai Adda P.S. Case No.28 of 2019, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with further following conditions:-

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(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show his bona fide ;

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(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

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(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds

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(Sunil Dutta Mishra, J)

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Ritik/-

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U T

Nitesh Kumar @ Nitish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nitesh Kumar @ Nitish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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