Patna High Court
Dev Raj @ DeorajversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Dev Raj, sought anticipatory bail fearing arrest in a case (PS Case No. 613 of 2024) involving alleged offences under the Bharatiya Nyaya Sanhita and the Examination Act. The FIR alleged that a person named Chetan impersonated another, Abhishek, in a constable recruitment exam, and that the petitioner allegedly supplied photostat answer papers for a sum of Rs. 50,000. The petitioner argued he had a clean record and was not named in the FIR. The State opposed bail, contending that the accused had disclosed the petitioner's involvement and emphasizing the seriousness of examination fraud. The Court, after considering the State's submissions, declined to grant anticipatory bail, finding sufficient grounds to continue investigation.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations against him.
- Whether the petitioner's alleged involvement in supplying answer papers constitutes a cognizable offence under the cited statutes.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 318(4), 319(2), 336(3), 338, 340(2)
Subjects
- anticipatory bail
- examination fraud
- criminal procedure
- Bharatiya Nyaya Sanhita
- Examination Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17768 of 2026
Arising Out of PS. Case No.-613 Year-2024 Thana- KATIHAR NAGAR District- Katihar
======================================================
Dev Raj @ Deoraj S/o Mahendra Sah R/o Kursela Basti, Ward no 14, PS-
Kursela, Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with
Nagar Katihar PS Case No. 613 of 2024, registered for the offences
punishable under Sections 319(2), 318(4), 338, 336(3) and 340(2) of
the Bharatiya Nyaya Sanhita and Section 10 of Examination Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant alleges
that Chetan was caught giving exam in place of Abhishek in the
examination being conducted for appointment as Constable in
Middle School Mirchai Bari Katihar on 28-8-2024.
4. Learned counsel for the petitioner submits that from
perusal of the allegation as alleged in the FIR, it would manifest that
the informant alleges that Chetan was caught in place of Abhishek
Patna High Court CR. MISC. No.17768 of 2026(2) dt.07-05-2026
2/2
giving examination. It is next submitted that petitioner is not named
in the FIR.
5. At this stage, learned A.P.P. for the State, Sri Rabindra
Kumar, vehemently opposes the prayer for anticipatory bail of the
petitioner and submits that during the course of investigation, the
apprehended accused (Chetan) disclosed the name of the petitioner
that he had assured of giving photostat answer papers to Chetan at
exam centre for Rs. 50,000/-, it is next submitted that of late in the
State of Bihar such occurrences are taking place with impunity. It is
also submitted that this adversely impact the society as meritorious
students are ousted from consideration and willy candidates taking
help of such persons qualify in the exam. It is further submitted that
investigation and interrogation in the case is required.
6. Considering the submission made by learned APP, the
Court is not inclined to extend the privilege of anticipatory bail to the
petitioner.
7. Accordingly, the prayer for anticipatory bail of the
petitioner is rejected.
(Satyavrat Verma, J)
Sumit/-
U T
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