Patna High Court
Mister KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Kumar, was arrested in connection with a case alleging impersonation of another candidate during a Railway Recruitment Board examination. He applied for regular bail, contending that the alleged offence under Section 319(2) of the B.N.S is bailable, he has no prior criminal record, and his custody since 17‑12‑2025 was due to confusion. The State opposed the bail, arguing the seriousness of the charges listed under multiple sections of the B.N.S and the Public Examination (Prevention of Unfair Means) Bill, 2024. The Court examined the nature of the offences, the bail‑bailable status of the primary charge, and the length of custody, and found no compelling reason to deny bail. Consequently, the Court ordered the petitioner to be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The application for bail was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 319(2), 318(4), 338, 336(3), 340(2), 3(5) of the B.N.S and Section 10(1) of the Public Examination (Prevention of Unfair Means) Bill, 2024.
- Whether the offences alleged are bailable in nature.
- Whether the period of custody and lack of prior criminal antecedent justify the grant of bail.
Legislation cited
- B.N.S. — s. 318(4), 319(2), 336(3), 338, 340(2), 3(5)
Subjects
- regular bail
- impersonation
- examination fraud
- B.N.S
- Public Examination (Prevention of Unfair Means) Bill
- bailable offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10876 of 2026
Arising Out of PS. Case No.-270 Year-2025 Thana- Mufassil District- Purnia
======================================================
Mister Kumar Son of Anil Mandal Resident of Village- Tapua, Ward No. 15,
P.S.- Ekchari, District- Bhagalpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sauravh Singh, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Mufassil P.S. Case No.
270 of 2025 dated 16.12.2025 registered for the offences
punishable under Sections 319(2), 318(4), 338, 336(3), 340(2)
and 3(5) of B.N.S and Section 10(1) of the Public Examination
(Prevention of Unfair Means) Bill, 2024.
3. As per the allegation, this petitioner was trying to
impersonate on other candidate, namely, Yogesh Kumar during
Railway Recruitment Board Examination.
4. Learned counsel for the petitioner submits that due
to confusion the petitioner has been arrested, he had actually
come to the examination center for dropping his friend and at
Patna High Court CR. MISC. No.10876 of 2026(4) dt.01-04-2026
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best a case under Section 319(2) of B.N.S. would be made out
which is bailable in nature. It has been further submitted that
petitioner is in custody since 17.12.2025 having no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as the period of custody, the petitioner above-named is
directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Purnea in connection with Mufassil P.S. Case No. 270 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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