Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, given the petitioner’s lack of antecedents and that the alleged conduct amounted only to an aborted attempt, bail should be granted on reasonable bond.
Summary
Rohit Kumar was arrested at the entrance of a BPSC examination for allegedly concealing a Bluetooth device in his slippers and was charged under several sections of the Bihar Negotiable Substances Act, 2023. He applied for bail, claiming innocence, lack of any criminal antecedent, and that the incident constituted only an aborted attempt with no actual cheating. The State opposed the bail. The High Court, after hearing both sides, considered the facts, the petitioner’s clean record, and the nature of the alleged offence. It concluded that the circumstances warranted the grant of bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner charged under sections 318(4), 338, 336(3), 336(4), 340(2), 341(1) and 61(2) of the B.N.S., 2023.
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 318(4), 336(3), 336(4), 338, 340(2), 341(1), 61(2)
Subjects
- bail
- criminal procedure
- examination cheating
- concealed device
- Bihar Negotiable Substances Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37854 of 2026
Arising Out of PS. Case No.-363 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
Rohit Kumar Son of Shree Bhagwan Ray Resident of village- Bagha, Baiju
Barhoga, P.S. Basantpur, Distt. - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate.
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chapra Town P.S. Case No. 363 of 2026 registered for the
offence punishable under Sections 318(4), 338, 336(3), 336(4),
340(2), 341(1), 61(2) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that when
the petitioner was going to appear in the examination conducted
by the BPSC, at the gate itself, he was found having concealed
Bluetooth in his slippers, and thereafter, he was not allowed to
appear in the examination.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.37854 of 2026(2) dt.17-06-2026
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case. He also submits that the petitioner was apprehended at the
entry gate and he could not appear in the examination, as such,
the question of cheating in examination does not arise. It is
merely a case of an aborted attempt. He further submits that a
statement has been made in para 3 of the petition that petitioner
has no criminal antecedent and he is languishing in judicial
custody since 21.04.2026.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Saran at Chapra in connection with Chapra
Town P.S. Case No. 363 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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