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Patna High Court

Bittu Kumar @ Vittu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner on the condition of a bond and sureties.

Summary

Bittu Kumar, a student, was arrested for allegedly possessing a Bluetooth device while entering an A.E.D.O. examination, violating Sections 318(4) and 223 of the B.N.S. and Section 10 of the Bihar Conduct of Examination Act. He applied for bail, arguing that the device was left carelessly, he has a clean record, and his future prospects are at stake. The State opposed bail, relying on the FIR allegations. The Court, noting the petitioner’s youth, clean antecedent, and the nature of the alleged offence, decided to grant bail on the condition of a Rs.10,000 bond with two sureties. The order directs the bail to be effected through the Judicial Magistrate‑1st Class, Begusarai.

Issues considered

  • Whether bail should be granted to the accused under Sections 318(4) and 223 of the B.N.S. and Section 10 of the Bihar Conduct of Examination Act
  • Whether the alleged possession of an electronic device during an examination justifies continued detention

Legislation cited

Subjects

  • bail
  • examination cheating
  • electronic device possession
  • student
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37699 of 2026
                     Arising Out of PS. Case No.-85 Year-2026 Thana- PHULWARIA District- Begusarai
                 ======================================================
                 Bittu Kumar @ Vittu Kumar Son of Pappu Kumar Resident of
                 Chakdharanpur, P.S.- Warisaliganj, District- Nawada.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ambrish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   11-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 318(4) and 223 of the

                   B.N.S. and Section 10 of the Bihar Conduct of Examination

                   Act.

                                   3. As per the prosecution case, the allegation

                   against the petitioner is that while he was entering the

                   examination of A.E.D.O. as candidate an electronic device i.e.,

                   bluetooth was recovered from his possession.

                                   4. Learned counsel for the petitioner submits that

                   the allegation against the petitioner is that while he was

                   entering the examination of A.E.D.O. as candidate an

                   electronic device i.e., bluetooth was recovered from his
            Patna High Court CR. MISC. No.37699 of 2026(2) dt.11-06-2026
                                                        2/2




                      possession, as such, he was booked in the present case under

                      the provisions of B.N.S. and Section 10 of Bihar Conduct of

                      Examination Act. It is further submitted that the petitioner is a

                      young student having future prospects and it is only out of

                      carelessness that the device was left with the petitioner. The

                      petitioner has clean antecedent and he is in custody since

                      22.04.2026.

                                     5. Learned APP for the State opposed the grant of

                      bail on the basis of allegations made in the First Information

                      Report.

                                     6. Taking into consideration the facts and

                      circumstances and considering the fact that the petitioner is a

                      young student with clean antecedent, let the above named

                      petitioner, be released on bail on furnishing bail bond of Rs.

                      10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Judicial

                      Magistrate-1st Class, Begusarai/concerned Court below in

                      connection with Phulwaria P.S. Case No. 85 of 2026.



                                                (Soni Shrivastava, J)
anand/-
U       T


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