Patna High Court
Gaurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Gaurav Kumar, a NEET examination aspirant, was arrested on charges under multiple sections of the Bihar Negotiable Service Act, 2023 and the Information Technology Act for allegedly arranging a scribe to appear in the exam on his behalf. The prosecution alleged that the scribe did not actually sit in his place, and the petitioner has been in custody since 5 May 2026. The petitioner contended that he was not involved in any leakage of examination papers and that he ultimately appeared in the exam himself, seeking bail. The learned counsel argued that the alleged conduct did not constitute the offences charged. The Court examined the factual matrix and found no substantive basis to deny bail. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under sections 316(2), 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2) of the Bihar Negotiable Service Act, 2023 and sections 66 and 66(D) of the Information Technology Act.
Legislation cited
- Bihar Negotiable Service Act, 2023 — s. 316(2), 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2)
- Information Technology Act — s. 66, 66(D)
Subjects
- bail
- NEET examination
- exam cheating
- Bihar Negotiable Service Act
- Information Technology Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39806 of 2026
Arising Out of PS. Case No.-217 Year-2026 Thana- GRIYAK District- Nalanda
======================================================
Gaurav Kumar S/o Mr. Abhiskh Ranjan Resident of Village- Bochaha, P.S.-
Bochaha, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur.
Mr.Purushottam Kumar
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Giriyak (Pawapuri) P.S. Case No. 217 of 2026 registered for the
offence under Sections 316(2), 318(4), 319(2), 336(3), 338, 339,
340(2) and 61(2) of the BNS, 2023 and under Sections 66,
66(D) of the I.T. Act.
3. As per the prosecution case, the petitioner, who
is a NEET Examination aspirant is alleged that he has arranged
a scribe for appearing in the examination on his behalf though
the scribe did not appear in his place.
4. The petitioner is in custody since 5.5.2026.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.39806 of 2026(2) dt.23-06-2026
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the petitioner is neither the solver nor involved in the crime of
getting the NEET examination question papers leaked out. He
further submits that the petitioner is an NEET aspirant, who is
said to have tried to get the solver to sit in the examination on
his behalf but finally the petitioner himself has appeared in the
examination.
6. Considering the facts of the case and the fact that
the petitioner is not involved in any such offence, as alleged,
this application is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Giriyak
(Pawapuri) P.S. Case No. 217 of 2026.
(Sandeep Kumar, J)
Vikas/-
U
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