Patna High Court
Vikash Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioner subject to specified conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Vikash Kumar Mahto applied for bail after an FIR was lodged under several provisions of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.) and the Bihar Examination Act for alleged impersonation in the CTET exam, where Roshan Yadav allegedly appeared in his place. The petitioner contended that the case was based solely on suspicion and that no proper investigation had been conducted, offering to cooperate fully with the investigation. The State opposed bail, arguing that the petitioner had facilitated impersonation and had prior criminal antecedents. The Court, considering the nature of the allegation and the petitioner’s status as a recruitment exam candidate, decided to grant bail subject to a bond of Rs. 10,000 with two sureties and additional conditions under Section 482(2) of the B.N.S. 2023. The order also required a close family member as one of the bailors and allowed the State to seek cancellation of bail if the petitioner reoffends or fails to cooperate with the investigation.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR being based on suspicion of impersonation in an examination.
- Whether Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, permits the grant of bail in the present circumstances.
- Whether the petitioner’s prior criminal antecedents affect the bail decision.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Examination Act — s. 10
- B.N.S. — s. 318(4), 319(2), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- impersonation
- examination fraud
- biometric verification
- criminal procedure
- Section 482
- Bihar Examination Act
- CTET
- suspicion
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35641 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
Vikash Kumar Mahto S/o Kari Mahto R/o vill 0 Chikni, ward no. 14, Post -
Sonki, P.S.- Sadar Hanuman Mandir chauki, Distt.- Darbhanga
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Karn, Adv.
For the Opposite Party/s : Mr. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 02-06-2026 Heard Mr. Sunil Kumar Karn, learned Advocate for
the petitioner and Ms. Dr. Indiwar Kumari, learned Additional
Public Prosecution for the State through virtual mode.
2. The petitioner apprehend his arrest in connection
with Ashok Paper Mill P.S. Case No. 22 of 2026, registered for
the offences punishable under Sections 319(2), 318(4), 336(3),
338, 340(2), 3(5) of the B.N.S. read with Section 10 of Bihar
Examination Act.
3. Allegedly in place of the petitioner, one Roshan
Yadav had appeared in the CTET Examination conducted by
CBSE, whose bio-metric verification was not matched and
accordingly, the present F.I.R. came to be instituted.
4. Learned Advocate for the petitioner submitted that
in fact, the entire case is based on suspicion and he has never
Patna High Court CR. MISC. No.35641 of 2026(2) dt.02-06-2026
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instructed and allowed any person including Roshan Yadav to
appear on his behalf. Only because of the fact that bio-metric
verification could not match with that of the co-accused, the
present F.I.R. has been instituted without proper investigation.
The petitioner undertakes that he will fully cooperate in the
investigation and the proceeding of the court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submits that there
is a clear case that the petitioner has allowed impersonation and
in his place, one Roshan Yadav had appeared in the
examination; besides, the petitioner is also facing two criminal
antecedents as has been disclosed in paragraph no. 3.
6. Regard being had to the submissions made on
behalf of the parties and considering the nature of allegation
which requires scientific and proper investigation and the
petitioner is a person preparing for recruitment examination, this
Court is inclined to accept the prayer; let the petitioner above
named be released on bail, in the event of his arrest or surrender
before the court below within a period of four weeks from the
date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.35641 of 2026(2) dt.02-06-2026
3/3
the learned Judicial Magistrate, First Class, Darbhanga in
connection with Ashok Paper Mill P.S. Case No. 22 of 2026,
subject to the conditions laid down in Section 482(2) of the
Bharatiya Nagrik Suraksha Sanhita, 2023, with the further
condition that one of the bailors shall be the own/close family
members of the petitioner and in future, if the petitioner is found
indulge in such activities, the State and the informant shall be at
liberty to file an application for cancellation of his bail bond. It
is also expected that the petitioner shall ensure his presence at
the time of investigation, if the same is required.
(Harish Kumar, J)
sadique/-
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