Allowed¶29

Gautam Kumar v. The State of Bihar

Patna HC15 Jan 2026CR. MISC./81752/2025

Case brief

AI extract

What is this about?

Anticipatory bail; BNS 2023 Sections 319(2), 318(4), 3(5); proxy appearance in examination for appointment as Constable in police service; Banka P.S. Case No. 312 of 2025; CR. MISC. No.81752 of 2025; bail bond Rs. 10,000 with two sureties of like amount; conditions under Section 438(2) CrPC read with Section 482(2) BNSS; presence at trial; verification of antecedents; Patna High Court; Sourendra Pandey, J; order dated 15-01-2026; application allowed.

What did the court decide?

Anticipatory bail: release on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC read with Section 482(2) BNSS and further conditions (i)-(v), including presence at each trial date and verification of criminal antecedents. ¶29

Gautam Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

What the court decided

AI extract

Outcome

¶29

Issue for consideration

Whether the petitioner, apprehending arrest in Banka P.S. Case No. 312 of 2025 for offences under Sections 319(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, should be released on anticipatory bail.

¶18

Court's answer

Anticipatory bail granted: the petitioner is to be released, in the event of his arrest or surrender before the concerned Court/successor Court within four weeks, on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) CrPC read with Section 482(2) BNSS and the further conditions (i)-(v).

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Ratio / Principle

Bail made subject to conditions including physical presence before the concerned Court on each and every date of the trial and cooperation in the investigation.

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Key takeaways

Observations, if any, made in the order shall have no bearing during the trial.obiter¶27

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Sourendra Pandey, J, order dated 15-01-2026). Applicant in CRIMINAL MISCELLANEOUS No.81752 of 2025, apprehending arrest in Banka P.S. Case No. 312 of 2025 registered under Sections 319(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.) on the allegation that he had made one Prakrist Kumar @ Prahast Kumar @ Umesh Kumar appear in his place in an examination for appointment as Constable in the police service, directed to be released in the event of arrest or surrender within four weeks on bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 read with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and further conditions: one bailor a close relative and the other a local resident; presence before the concerned Court on every trial date and cooperation in investigation; bail bond cancellable for absence on two consecutive occasions or violation; prosecution at liberty to move for cancellation if involved in similar offences; verification of criminal antecedents without delaying acceptance of the bail bond. Observations in the order to have no bearing during the trial. Application allowed.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81752 of 2025

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Arising Out of PS. Case No.-312 Year-2025 Thana- BANKA District- Banka

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

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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

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====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar, Adv. For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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2 15-01-2026

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

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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.).

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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.

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The learned counsel for the petitioner submits that the petitioner is a student of B.A. (Hons.) and has a bright future

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Patna High Court CR. MISC. No.81752 of 2025(2) dt.15-01-2026 2/3

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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 coaccused 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.

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The learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

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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

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Patna High Court CR. MISC. No.81752 of 2025(2) dt.15-01-2026 3/3

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Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the following conditions :

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(i) One of the bailors of the petitioner shall be his close relative and the other shall be a local resident.

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(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.

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(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.

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(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.

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(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.

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It is made clear that the observations, if any, made

¶28

in this order, shall be of no bearing during the trial.

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The application stands allowed.

¶30

(Sourendra Pandey, J)

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Praveen-II/-

Gautam Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gautam Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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