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Patna High Court

Jitendra Kumar @ Jitendra Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the allegations involve serious offences and the investigation must be allowed to proceed.

Summary

The petitioner, Jitendra Kumar, sought anticipatory bail after learning that he might be arrested in connection with a case alleging he facilitated a fraudulent appearance in a constable recruitment examination in exchange for Rs 5 lakh. The prosecution alleged that the informant, Chottu, confessed that Shivam had taken his place in the exam with the petitioner’s assistance, constituting offences under several sections of the Bharatiya Nyaya Sanhita and the Bihar Examination Act. The petitioner argued that he has a clean record and that Chottu’s confessional statement, made while in police custody, lacks evidentiary value. The State opposed bail, emphasizing the seriousness of the alleged corruption and the need for continued investigation. The court, after considering the submissions, declined to grant anticipatory bail, holding that the seriousness of the allegations and the ongoing investigation justified denial of the relief. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner given the nature of the alleged offences.
  • Whether a confessional statement made by an accused in police custody is admissible or can be the basis to deny bail.
  • Whether the alleged conduct falls within the offences defined under the Bharatiya Nyaya Sanhita and the Bihar Examination Act.

Legislation cited

Subjects

  • anticipatory bail
  • examination fraud
  • corruption
  • bail jurisprudence
  • criminal procedure
  • confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17893 of 2026
                      Arising Out of PS. Case No.-6 Year-2025 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Jitendra Kumar @ Jitendra Kumar Singh S/o Keshav Prasad Singh R/o
                 Village - Ganili, P.O - Madhodih, P.S - Tarapur, District – Munger
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raj Kishor Prasad
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in connection

                   with Gardanibagh P.S. Case No. 6 of 2025 registered for the

                   offences punishable under Sections 318(4), 338, 336(3), 340(2),

                   112(2) of the Bharatiya Nyaya Sanhita and Sections 10 and 11

                   of Bihar Examination Act.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that Chottu was apprehended, who disclosed that he was

                   a candidate in pursuance of the Advertisement No. 1 of 2023

                   issued for appointment of Constable, further in his place Shivam

                   appeared in the written examination with help of petitioner, who

                   took Rs. 5 lakh in lieu of the favour showered.

                             4.    Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.17893 of 2026(2) dt.14-05-2026
                                                          2/2




                        petitioner has been falsely implicated in the instant case based

                        on confessional statement of Chottu. It is next submitted that

                        Chottu disclosed that in the exam, which was conducted for

                        appointment of Constable, in his place Shivam appeared in

                        connivance of the petitioner, who took an amount of Rs. 5 lakh

                        for showering the said favour. It is reiterated and submitted that

                        confessional statement of apprehended-accused in police

                        custody does not have any evidentiary value.

                                 5.     Learned A.P.P. for the State, Sri Chandra Bhushan

                        Prasad, opposes the prayer for anticipatory bail of the petitioner

                        and submits that of late in the State of Bihar, occurrence of the

                        nature as alleged has grown with impunity, as such investigation

                        and interrogation of the petitioner is also required and

                        investigation in the case is continuing.

                                 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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