Patna High Court
Alok KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court ordered the release of the petitioner on regular bail.
Summary
Alok Kumar was arrested in connection with an alleged impersonation in a constable recruitment examination, charged under several IPC sections and the Bihar Conduct of Examination Act. The prosecution argued that another individual had taken the exam on his behalf, supported by biometric and photographic evidence that did not match the petitioner. The petitioner’s counsel contended that he was innocent, had no criminal antecedents, and that the actual impersonator, who was allegedly paid a sum of money, should be held liable. The petitioner had been in judicial custody since 21 February 2026. After hearing both sides, the Patna High Court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
- Whether the biometric and photographic evidence presented by the prosecution is sufficient to deny bail.
- Whether the alleged act of arranging an impersonator makes the petitioner culpable under the cited statutes.
Legislation cited
- Bihar Conduct of Examination Act — s. 10
- Bihar National Service — s. 3/5
- Indian Penal Code — s. 112, 318, 319, 336, 338, 340, 61
Subjects
- bail
- impersonation
- examination fraud
- biometric evidence
- criminal procedure
- IPC offences
- Bihar Conduct of Examination Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37116 of 2026
Arising Out of PS. Case No.-152 Year-2026 Thana- GARDANIBAG District- Patna
======================================================
Alok Kumar Son of Rajendra Kumar Nirala Resident of Village - Sura, P.O.
and P.S.- Kurtha, District - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijaya Laxmi Srivastava, Advocate
Mr. Kumar Rupesh, Advocate
Ms. Ruby Kumari, Advocate
For the Opposite Party/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 319(2),
318(4), 338, 336(3), 340(2), 112(2), 61(2), 3/5 of BNS and
section 10 of Bihar Conduct of Examination Act.
3. The case of the prosecution is that somebody else
was writing examination of constable recruitment on behalf of
this petitioner. On the basis of biometric and photograph, it was
found that the biometric and photograph did not match with the
petitioner.
Patna High Court CR. MISC. No.37116 of 2026(2) dt.15-06-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
F.I.R., it is clear that the petitioner has arranged impersonator
after paying rupees 1 lakh for getting success in the constable
examination. Learned counsel for the petitioner has further
submitted that from perusal of the entire F.I.R., it is clear that
the name of the impersonator is not there in the F.I.R. It has
further been submitted that in this case the person who has
impersonated the petitioner is equally liable for the offence. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, the
petitioner is languishing in judicial custody since 21.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Gardanibagh P.S. Case No. 152 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.37116 of 2026(2) dt.15-06-2026
3/3
Magistrate, Patna.
(Ashok Kumar Pandey, J)
Shubham/-
Sneha/-
U T
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