Created by Fuzzy Cloud

Patna High Court

Dev Raj @ DeorajversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.