Patna High Court
Kunal KashyapversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Kunal Kashyap, was arrested on charges of fraud in the Physical Efficiency Test of the Bihar Police Recruitment Examination under multiple sections of the Bharatiya Nyaya Sanhita, 2023. He contended that the allegations were vague, noting that only one admit card belonging to a friend was recovered from him and that other incriminating items were seized from co‑accused persons. He also argued a procedural lapse under Section 105 of the B.N.S. for the lack of videographic evidence during seizure. The State opposed bail, but the Court observed that the charge‑sheet had already been filed, the petitioner had no prior criminal record, and a similarly situated co‑accused had been granted bail. Consequently, the Court ordered bail on a bond of Rs.10,000 with two sureties, directing compliance with the lower court’s conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the allegations against the petitioner are sufficiently specific to deny bail.
- Whether the alleged violation of Section 105 of the B.N.S. impacts the bail decision.
- Whether the bail granted to a co‑accused is determinative for the petitioner’s bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 111, 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
Subjects
- bail
- fraud
- police recruitment examination
- physical efficiency test
- Bharatiya Nyaya Sanhita
- procedural violation
- charge sheet
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21611 of 2026
Arising Out of PS. Case No.-68 Year-2026 Thana- GARDANIBAG District- Patna
======================================================
Kunal Kashyap S/o Ramprit Yadav Permanent resident of Ward No. 07,
Manikpur, Rajaur, P.S. Garhpura, Begusarai, Bihar and presently residing as a
tenant at Jai Mangal Singh Lodge, PO- Mahendru, PS- Sultanganj, Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 319(2), 318(4), 338,
336(3), 340(2), 111, 61 (2) and 3 (5) of the Bharatiya Nyaya
Sanhita, 2023.
3. The allegation against the petitioner is that he
was involved in committing fraud in Physical Efficiency Test of
Bihar Police Recruitment Examination.
4. It is submitted by learned counsel for the
petitioner that he has been made accused in this case with totally
vague allegation of being involved in committing fraud in
Physical Efficiency Test of Bihar Police Recruitment
Patna High Court CR. MISC. No.21611 of 2026(4) dt.11-06-2026
2/3
Examination. It is further submitted that from the possession of
the petitioner only one admit card of a candidate was recovered
and the same was that of his friend who was taking the
examination. So far as the recovery of other incriminating
articles are concerned, it has been made from other accused
person and not the present petitioner. Further, there is violation
of Section 105 of the B.N.S.S. as no videography has been
conducted at the time of recovery. Further, the seizure list was
also prepared in presence of the police officials. It is also
submitted that the co-accused, Jitendra Kumar from whose
sticker shop, various stamps and stickers were recovered, has
already been granted the privilege of bail by a coordinate Bench
of this Court vide order dated 14.05.2026 passed in Cr. Misc.
No.32939 of 2026. Petitioner is in custody since 25.01.2026 and
the charge-sheet has been submitted.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the vague
allegation against the petitioner coupled with the fact that the
charge-sheet has already been submitted and similarly situated
co-accused, Jitendra Kumar has already been enlarged on bail,
Patna High Court CR. MISC. No.21611 of 2026(4) dt.11-06-2026
3/3
let the petitioner, who has no criminal antecedent, 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 the learned Court below where the case is
pending/successor Court in connection with Gardanibag P.S.
Case No.68 of 2026.
(Soni Shrivastava, J)
Trivedi/-
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