Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner on condition of furnishing a bond and complying with stipulated conditions.
Summary
Manish Kumar was arrested on 11‑12‑2025 in connection with an FIR alleging his assistance in forging documents to cheat in a state examination, invoking several sections of the Bihar Negotiable Instruments Act and Section 10 of the Bihar Conduct of Examination Act, 1981. He applied for bail, claiming a clean antecedent and arguing that the allegations were fabricated, noting that a co‑accused, Ranjit Kumar, had already been granted bail by a coordinate bench. The State opposed the bail. The court considered the petitioner’s clean record, the precedent of bail to the similarly situated co‑accused, and the lack of substantive evidence beyond suspicion. It ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail bond was to be accepted without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the Bihar Negotiable Instruments Act and the Bihar Conduct of Examination Act.
- Whether the grant of bail to a similarly situated co‑accused mandates bail for the petitioner.
- Whether the petitioner’s clean antecedent and the alleged lack of substantive evidence justify bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 318(4), 336(3), 338, 340(2), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- examination fraud
- forged documents
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22537 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- MITHANPURA District- Muzaffarpur
======================================================
Manish Kumar S/O Dukhan Singh Resident of Village- Mithanpura, P.S. and
Dist.- Muzaffarpur, Permanent Add. Vill.- Bhanwar Bigha, P.O.- Sohraiya,
PS- Parasbigha, Dist.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr.Sanjay Kumar Sinha, learned counsel
for the petitioner and Mr.Bhanu Pratap Singh, learned
A.P.P. for the State.
2. The petitioner seeks bail, who is in custody
since 11.12.2025 in connection with Mithanpura P.S. Case
No. 334 of 2025, F.I.R. dated 10.12.2025 registered for the
offence punishable under Sections 318(4), 338, 336(3),
340(2), 61(2), 3(5) of BNS and Section 10 of Bihar Conduct
of Examination Act, 1981.
3. Allegation against the petitioner is assisting in
the act of creating forged documents to procure undue
advantage to co-accused.
Patna High Court CR. MISC. No.22537 of 2026(2) dt.07-04-2026
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4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. As per
allegation in the FIR, one Santosh Kumar has been
apprehended at the examination centre and he has admitted
that he has appeared in the examination on behalf of Ranjit
Kumar and Ranjit Kumar has admitted that the petitioner
has assisted in the act of cheating in the examination in
question. Learned counsel for the petitioner submits that the
the allegation as alleged in the FIR is false and fabricated
and the petitioner has not committed any offence as alleged
in the FIR and the petitioner has been made accused in the
present case merely on the basis of suspicion and similarly
situated co-accused person, namely, Ranjit Kumar @
Ranjeet Kumar has been granted bail by a Coordinate
Bench of this Hon’ble Court vide order dated 12.03.2026
passed in Cr. Misc. No.14203 of 2026 and the police, after
investigation, submitted chargesheet against the petitioner
and the petitioner is in custody since 11.12.2025.
5. Learned APP for the State has opposed the
prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has
Patna High Court CR. MISC. No.22537 of 2026(2) dt.07-04-2026
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clean antecedent and similarly situated co-accused person
has been granted bail by a Coordinate Bench of this
Hon’ble Court, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs.10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, F.C., Court No.-
17, Muzaffarpur in connection with Mithanpura P.S. Case
No. 334 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be
cancelled by the Court below.
(II) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty
to move for cancellation of bail.
(III) 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 antecedent, the court below shall
Patna High Court CR. MISC. No.22537 of 2026(2) dt.07-04-2026
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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)
Nitesh/-
U T
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