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Patna High Court

Ritesh SinghversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Ritesh Singh, was arrested on 20 February 2026 in connection with an alleged exam fraud where he was said to have appeared in a written examination through the connivance of centre employees, violating several provisions of the Bihar Negotiable Instruments Act, 2023 and the Bihar Public Examinations (Prevention of unfair means) Act, 2024. The prosecution alleged that he secured results by unfair means, while the petitioner claimed a clean antecedent and asserted that the FIR was fabricated, pointing out that the photograph did not match the person who appeared for the exam and that a co‑accused had confessed to impersonating him. The petitioner applied for bail, arguing lack of material linking him to the offence. The court, noting the petitioner’s clean record and the absence of incriminating evidence, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail order emphasized that failure to appear for two consecutive dates or concealment of criminal history would lead to cancellation.

Issues considered

  • Whether bail should be granted to the petitioner given the nature of the alleged offences and the evidence on record
  • Whether the petitioner poses a risk of tampering with evidence or witnesses
  • Whether the petitioner has concealed any prior criminal antecedent that would justify denial of bail

Legislation cited

Subjects

  • bail
  • examination fraud
  • false implication
  • clean antecedent
  • Bihar Negotiable Instruments Act
  • Bihar Public Examinations Act
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30648 of 2026
                     Arising Out of PS. Case No.-149 Year-2026 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Ritesh Singh S/O Sri Bhagelu Singh Yadav @ Bhagelu Singh Resident of
                 village- Tajpur Kurra P.S. -Dildar Nagar, District- Gazipur UP

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Devi Das Srivastava, Advocate
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   12-05-2026                   Heard Mr. Devi Das Srivastava, learned counsel for

                   the petitioner and Mr. Bhanu Pratap Singh, learned Additional

                   Public Prosecutor for the State.

                                 2. Learned counsel for the petitioner is permitted to

                   make necessary corrections in paragraph no. 2 of the

                   supplementary affidavit during course of the day.

                               3. Petitioner seeks bail who is in custody since

                   20.02.2026 in connection with Gardanibagh P.S. Case No. 149

                   of 2026, F.I.R. dated 19.02.2026 for the offences punishable

                   under Sections 319(2), 318(4), 338, 336(3), 340(2), 112(2),

                   61(2) and 3(5) of the BNS, 2023 and Sections 10 &11 of the

                   Bihar Public Examinations (Prevention of unfair means) Act,

                   2024.

                               4.     According to prosecution case, one Dhananjay
Patna High Court CR. MISC. No.30648 of 2026(3) dt.12-05-2026
                                            2/4




          Kumar appeared in place of the petitioner as candidate in the

          written examination with connivance of the employees of the

          centers taking photograph and bio-metric by unfair means and

          secured the result for him.

                      5. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. He further submits that the

          photograph of this petitioner does not match with the person

          who appeared to give examination and on the ground of this the

          co-accused was apprehended and he has confessed that he is

          sitting in the examination in place of petitioner and thereafter,

          the petitioner has also confessed his guilt in the present

          occurrence. He further submits that except the aforesaid, no

          other cogent material has come during investigation which

          suggest the involvement of the petitioner in the present

          occurrence. He further submits that the police after investigation

          submitted the charge sheet against the petitioner. The petitioner

          is in custody since 20.02.2026.

                      6. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.30648 of 2026(3) dt.12-05-2026
                                            3/4




                       7. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and nothing has come

          during investigation which suggest the involvement of the

          petitioner in the present occurrence, 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 the learned ACJM-13, Patna in

          connection with Gardanibagh P.S. Case No. 149 of 2026,

          subject to 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 absence on two consecutive dates without sufficient

          reason, his 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 take step for

          cancellation of bail bond of the petitioner. However, the
            Patna High Court CR. MISC. No.30648 of 2026(3) dt.12-05-2026
                                                        4/4




                      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)
Vanisha/-

U      T


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