Anand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19991 of 2026 Arising Out of PS. Case No.-613 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Anand Kumar Son of Niranjan Mandal Resident of Village - Chaumukha, P.S. - Pranpur, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Musowir, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-05-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Katihar Nagar P.S. Case No.613 of 2024, F.I.R dated 28.08.2024 registered for the offences punishable under Sections 319(2), 318(4), 338, 336(3) and 340(2) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 28.08.2024, accused Chitan Kumar was apprehended at Middle School, Mirchai Bari, Katihar, while allegedly appearing in the Bihar Constable recruitment examination in place of applicant Abhishek Kumar bearing Roll No. 7239010455.
4. Learned counsel for the petitioner submits that the coaccused, namely, Chetan Kumar was caught for appearing in the examination for recruitment of Bihar Constable at Middle School, Mrchai Bari, Katihar, in place of the applicant, namely, Abhishek
Patna High Court CR. MISC. No.19991 of 2026(3) dt.19-05-2026 2/3 Kumar and it is the case of the petitioner that the petitioner has not been named in the F.I.R. and only on the basis of certain inputs said to have been received by the investigating agency that admit card of Abhishek Kumar was forwarded by Chetan Kumar to this petitioner on Whatsapp and on this basis, the petitioner has been roped in the instant case. It has further been submitted that the petitioner has clean antecedent and both Chetan Kumar and Abhishek have been extended the privilege of regular bail.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances that the persons who have allegedly appeared for the applicant Abhishek Kumar along with Chetan Kumar have already been extended the privilege of regular bail and the petitioner has not been named in the F.I.R. and the petitioner has clean antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.19991 of 2026(3) dt.19-05-2026 3/3 satisfaction of the learned C.J.M., Katihar, in connection with Katihar Nagar P.S. Case No.613 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T