Patna High Court
Pradip Kumar @ Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioner with conditions, finding that the allegations were not substantiated enough to deny bail.
Summary
The petitioner, Pradip Kumar, was implicated in a case of examination impersonation where a fake student, Rahul Kumar, appeared in his place during a secondary school exam, leading to charges under Sections 233, 318(4) and 319(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 10 of the Bihar Conduct of Examinations Act, 1981. The petitioner argued that he had already passed the examination in 2023, had no involvement in the impersonation, and that the case was based merely on suspicion requiring further investigation. The State contended that the petitioner had facilitated the impersonation. The High Court, noting the petitioner's young age, clean antecedents, and the lack of concrete evidence, granted pre‑arrest bail subject to a Rs.5,000 bond, two sureties, and the condition that one bailor be a close family member, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order emphasized that the petitioner must surrender within four weeks if arrested. The bail was conditioned on compliance with the stipulated terms.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite allegations of facilitating examination impersonation under the specified criminal provisions
- Whether the material on record sufficiently justifies denial of bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 233, 318(4), 319(2)
- Bihar Conduct of Examinations Act, 1981 — s. 10
Subjects
- pre‑arrest bail
- examination fraud
- impersonation
- criminal procedure
- bail conditions
- young offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35676 of 2026
Arising Out of PS. Case No.-42 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
Pradip Kumar @ Pradeep Kumar S/O Nand Kishore Sharma @ Nandkishore
Sharma R/O Post Dhusmuri, Bishanpur, Badil Tola, Bishunpur, Dhusmari,
Bishanpur Dumri, P.S. Gangaur, Dist. Khagaria, Bihar 851204, India
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shankar Roy, Adv.
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 02-06-2026 Heard the learned Advocate for the petitioner and the
learned Additional Public Prosecutor for the State through
virtual mode.
2. The petitioner apprehends his arrest in connection
with Khagaria P.S. Case No. 42 of 2025, registered for the
offences punishable under Sections 233, 318(4) and 319(2) of
the Bharatiya Nyaya Sanhita, 2023 and Section 10 of Bihar
Conduct of Examinations Act, 1981.
3. Based upon the written report, the prosecution
alleges that in the examination held on 04.02.2025 at Centre No.
8302 situated at S.R. High School, Khagaria in place of the
petitioner, a fake student ‘Rahul Kumar’ had appeared, who was
caught hold by the invigilator and later on, handed over to the
police, resulting into institution of the present FIR.
Patna High Court CR. MISC. No.35676 of 2026(2) dt.02-06-2026
2/3
4. Learned Advocate for the petitioner submitted that
since the petitioner had already passed the Secondary School
Examination in the year 2023 from Bihar School Examination
Board from first division, therefore, there was no reason or
occasion for him to appear in the Secondary School
Examination. It is further contended that the petitioner has no
concern with co-accused ‘Rahul Kumar’ and in fact, he has
never instructed co-accused ‘Rahul Kumar’ or any person on his
behalf to appear in any examination. The entire case is based on
suspicion, which requires proper investigation. The petitioner is
a student, having tender age of 19 years, with fair antecedent
and undertakes that he will fully co-operate in the investigation
or in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
opposed the pre-arrest bail application and submits that the
materials available on record clearly suggest that the petitioner
has allowed impersonation through co-accused ‘Rahul Kumar’.
6. Having considered the submissions advanced on
behalf of the learned Advocate for the respective parties and
taking note of the fact that the petitioner is a student, with a
tender age and fair antecedent, besides the allegation requires
proper investigation, let the petitioner above named be released
Patna High Court CR. MISC. No.35676 of 2026(2) dt.02-06-2026
3/3
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.5,000/- (five thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Khagaria in connection with Khagaria P.S.
Case No. 42 of 2025, 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.
(Harish Kumar, J)
shivank/-
U T
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