Patna High Court
Dilip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a Rs 10,000 bond, two sureties and specified conditions.
Summary
The petitioner, Dilip Kumar, was arrested on 10‑12‑2025 in connection with a police case alleging that he impersonated another candidate, Ravi Kumar, in a Bihar public examination. He was charged under Sections 318(4) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 10 of the Bihar Public Examinations (Prevention and Unfair Means) Act, 2024. The petitioner pleaded that he has a clean antecedent, the allegations are fabricated and that only suspicion, not concrete evidence, links him to the offence. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the lack of substantive material and the petitioner’s clean record, ordered his release on bail upon furnishing a Rs 10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under Sections 318(4) and 3(5) of the B.N.S., 2023 and Section 10 of the Bihar Public Examinations (Prevention and Unfair Means) Act, 2024.
- Whether mere suspicion, without corroborative material, justifies continued custody.
- Whether the conditions imposed by the Court are sufficient to safeguard the trial process.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 318(4), 3(5)
Subjects
- bail
- examination fraud
- impersonation
- suspicion
- Bihar law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16577 of 2026
Arising Out of PS. Case No.-412 Year-2025 Thana- Sahayak Khajanchi District- Purnia
======================================================
Dilip Kumar S/O Dharamnath Mandal R/O Vill.- Shadipur, Ward no. 8, P.s.-
Godiya, Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rajiv Nayan, Advocate
For the State : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Rajiv Nayan, learned counsel for the
petitioner and Mr. Ajay Kumar No. 2, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
10.12.2025, in connection with Sahayak Khazanchi P.S. Case
No. 412 of 2025, F.I.R. dated 10.12.2025 registered for the
offences punishable under Sections 318(4) and 3(5) of the
B.N.S., 2023 and Section 10 of the Bihar Public Examinatioins
(Prevention and Unfair Means) Act, 2024.
3. Allegation against the petitioner is that he was
appearing in the examination in place of one Ravi Kumar.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
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petitioner has not committed any offence as alleged in the F.I.R.
and merely on the basis of suspicion the petitioner has been
made accused in the present case. As per allegation in the F.I.R.
the petitioner was appearing in the examination in question in
place of one Ravi Kumar and petitioner has been made accused
merely on the basis of suspicion and except suspicion, no other
cogent material has come during investigation to suggest the
involvement of the petitioner in the present occurrence. He
further submits that the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 10.12.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released 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 Chief Judicial Magistrate, Purnea in connection with
Sahayak Khazanchi P.S. Case No. 412 of 2025, subject to the
following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
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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 bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
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