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Patna High Court

Mister KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                       2/2




                     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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