Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the court was not inclined to extend such relief given the seriousness of the alleged offences.
Summary
The petitioner, Ritesh Kumar, applied for anticipatory bail fearing arrest in a case (PS No. 719 of 2024) alleging that he arranged for a proxy to appear in a constable recruitment examination, violating Sections 318(4), 338, 336(3), 340(2), 112(2) of the Bihar Negotiable Instruments Act and Section 10 of the Bihar Conduct of Examination Act. The prosecution alleged that another person impersonated the petitioner to secure selection illegally. The High Court examined whether the seriousness of the alleged offences warranted granting anticipatory bail. Considering the nature and gravity of the alleged proxy examination and cheating offences, the Court declined to grant anticipatory bail and dismissed the application. The petitioner was directed to surrender within two weeks to seek regular bail, and the Court clarified that its observations were limited to this application.
Issues considered
- What is the appropriate discretion of the court in granting or refusing anticipatory bail in cases involving alleged proxy examination and related offences?
Legislation cited
- Bihar Conduct of Examination Act — s. 10
- Bihar Negotiable Instruments Act — s. 112(2), 318(4), 336(3), 338, 340(2)
Subjects
- anticipatory bail
- proxy examination
- cheating
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31497 of 2026
Arising Out of PS. Case No.-719 Year-2024 Thana- GARDANIBAG District- Patna
======================================================
Ritesh Kumar S/O Sunil Prasad Yadav R/O Village- Khutoha, P.S.- Bypass,
Distt.- Bhagalpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kishor Prasad
For the Opposite Party/s : Mr.Ajay Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 14-05-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Gardanibagh P.S. Case No. 719 of 2024 registered for the
offence under Sections 318(4), 338, 336(3), 340(2), 112(2) of
the BNS and Section 10 of the Bihar Conduct of Examination
Act.
3. As per the prosecution case, the petitioner is a
candidate on whose behalf another person allegedly
impersonated him and appeared in the Constable Recruitment
Examination. The allegation against the petitioner is that he
arranged for a proxy candidate to write the examination in his
place in order to secure selection illegally.
4. Considering the nature and the gravity of the
Patna High Court CR. MISC. No.31497 of 2026(2) dt.14-05-2026
2/2
offence, this Court is not inclined to grant the privilege of
anticipatory bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
hereby dismissed.
6. However, the petitioner is at liberty to surrender in
the court below within a period of two weeks from today and
seek regular bail, if so advised.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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