Patna High Court
Bittu Kumar @ Vittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bihar Conduct of Examination Act — s. 10
- B.N.S. — s. 223, 318(4)
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/-
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