Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
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
- Indian Penal Code — s. 318(4), 319(2), 336(3), 338, 340(2), 3(5)
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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