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Patna High Court

Nitesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Nitesh Kumar, applied for anticipatory bail after being implicated in a case of impersonation during the CTET examination, where another individual, Naveen Kumar, allegedly appeared in his place. The prosecution alleged that the petitioner was complicit in the cheating, citing offences under several sections of the Indian Penal Code and Section 10 of the Bihar Examination Control Act. The petitioner contended that he was a bona‑fide candidate, was absent on the exam day, and had no knowledge of the impersonation. The court examined the seriousness of the allegations, the alleged participation of the petitioner, and his lack of prior criminal record. Concluding that the petitioner was involved in the impersonation and that the offences were serious, the court refused to grant anticipatory bail and dismissed the application.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in view of the alleged impersonation and cheating offences.
  • Whether the petitioner was complicit in the impersonation during the CTET examination.

Legislation cited

Subjects

  • anticipatory bail
  • impersonation
  • examination fraud
  • cheating
  • Indian Penal Code
  • Bihar Examination Control Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24017 of 2026
                       Arising Out of PS. Case No.-97 Year-2026 Thana- VAISHALI District- Vaishali
                 ======================================================
                 Nitesh Kumar S/o Ranjan Ray @ Shivnarayan Ray R/o Babhan
                 Toli(Rasulpur, Korigaon), P.S. - Goroul, District - Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Subhash Kumar
                 For the Opposite Party/s :        Mr.Shailendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   22-04-2026         1. Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Vaishali Police Station Case No. 97 of 2026, dated

                            08.02.2026,        disclosing        offences       under       Sections

                            319(2)/318(4)/338/336(3)/340(2)/3(5) and Section 10 of

                            the Bihar Examination Control Act.

                       3.   The prosecution case, in brief, on the letter of informant

                            an FIR was lodged, stating therein that on 08.02.2026,

                            during the CTET Examination (Second Shift) held at

                            Dharamshila Vidyapeeth Examination Centre, that a

                            candidate appearing in Room No. 17 was suspected

                            during verification. Upon biometric verification and

                            further enquiry, it was revealed that one Naveen Kumar
            Patna High Court CR. MISC. No.24017 of 2026(2) dt.22-04-2026
                                                        2/2




                               was impersonating the actual candidate Nitesh Kumar i.e.

                               the petitioner having Roll No. 125204096 and was

                               appearing in the examination on his behalf.

                          4. Learned counsel for the petitioner submits that the

                               petitioner is innocent and is a bonafide candidate of

                               CTET having Roll No. 125204096, but he was absent on

                               the date of examination and had no knowledge that

                               Naveen Kumar, who had the admit card of the petitioner,

                               would appear in the examination on his behalf. He next

                               submits that petitioner, having no criminal antecedent, is

                               a student with bright career ahead.

                          5.   Having regard to the submissions made on behalf of the

                               parties and taking into consideration the nature of

                               allegation and seriousness of offence and the fact that co-

                               accused Naveen Kumar was impersonating the petitioner

                               at his behest and committed cheating in connivance with

                               him, I am not inclined to grant the petitioner privilege of

                               anticipatory bail.

                          6. This application is, accordingly, dismissed.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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