Patna High Court
Ritesh SinghversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Negotiable Instruments Act, 2023 — s. 112(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Bihar Public Examinations (Prevention of unfair means) Act, 2024 — s. 10, 11
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
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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
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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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