Patna High Court
Sobhi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond of Rs. 10,000 and two sureties, in accordance with Section 482(2) of the B.N.S.S., 2023.
Summary
Sobhi Kumar applied for anticipatory bail after the police registered a case (Sheikhpura PS Case No. 14 of 2026) alleging his involvement in an examination fraud where a co‑accused, Kundan Kumar, used Sobhi's admit card to sit for the exam in exchange for Rs. 50,000. The prosecution relied on the co‑accused's confession that he had acted on instructions and money received from other co‑accused, while no incriminating material was found on Sobhi's person. Sobhi contended that he was falsely implicated, had no criminal record, and was willing to cooperate with the investigation. The State opposed the grant of anticipatory bail. Considering Sobhi's clean antecedent, his age, and the circumstances, the Court ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount, subject to the conditions of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the allegations of examination fraud.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 112(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 482(2)
Subjects
- anticipatory bail
- examination fraud
- false implication
- clean antecedent
- Section 482
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24190 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- SHEKHPURA District- Sheikhpura
======================================================
Sobhi Kumar S/o Sanjay Paswan Resident of Village- Paparnausa, P.S.-
Noorsarai, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Sheikhpura P.S. Case No. 14 of 2026, instituted under
Sections 319(2), 318(4), 338, 336(3), 340(2), 112(2), 3(5) of the
B.N.S.
3. As per the prosecution case, during checking in the
examination of S.I., the invigilator found discrepancy in the
photograph on the admit card which was in the name of the
petitioner and the person who had appeared for examination.
The alleged person disclosed his name as Kundan Kumar and
admitted that he had appeared in the examination using the
admit card of the petitioner for which he had taken money from
co-accused persons, Sonal Kumari and Rajeev Kumar who were
Patna High Court CR. MISC. No.24190 of 2026(2) dt.17-04-2026
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present outside the centre. Co-accused Kundan Kumar was paid
a sum of Rs. 50,000/- for the same.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case on the confessional statement of co-accused due to his
personal reason. The petitioner had failed to appear in the
examination and due to malafide, co-accused Kundan Kumar
disclosed his name. Petitioner is a young boy aged about 23 year
having no criminal antecedent. No incriminating material has
been recovered from the possession of the petitioner. Petitioner
has no concern with the other co-accused persons. Petitioner
undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties, clean
antecedent and age of the petitioner, in the event of arrest or
surrender before the Court below within six weeks from today,
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned C.J.M., Sheikhpura in
connection with Sheikhpura P.S. Case No. 14 of 2026, subject to
Patna High Court CR. MISC. No.24190 of 2026(2) dt.17-04-2026
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the conditions laid down in Section 482 (2) of the Bharatiya
Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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