The court permits bail when the accused has clean antecedents and the prosecution lacks vital identification of the impersonated person.

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 21-01-2026 Heard Mr. Binod Kumar Sinha, learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since

17.07.2025 in connection with Kishanganj P.S. Case No. 385 of 2025, F.I.R. dated 16.07.2025 for the offences punishable under Sections 319(2), 318(2), 338, 336(3), 340(2), 61(2) of the B.N.S. and section 10 of Bihar Conduct of Examination Act , 1981.

3. According to prosecution case, petitioner was involved in giving examination impersonating someone else in the examination centre and was caught red handed.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and the petitioner has not committed any offence as alleged in the F.I.R. It appears from the F.I.R. that the petitioner has appeared in the examination in question in place of another person but the informant has not disclosed the name of person on whose behalf petitioner has appeared. He further submits that the police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 17.07.2025.

5. Learned APP for the State have vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and the informant has not disclosed the name of person on whose behalf petitioner has appeared in the examination, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No.385 of 2025, with the following conditions:

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)