Created by Fuzzy Cloud

Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bond of Rs 10,000 with two sureties.

Summary

Rajesh Kumar was arrested in connection with a recruitment examination fraud case (Gardanibagh P.S. Case No.152 of 2026) and charged under several sections of the B.N.S., 2023 and Section 10 of the Bihar Conduct of Examination Act. The prosecution alleged that he appeared twice in the constable exam, identified through a biometric test, suggesting impersonation. The petitioner contended that he is innocent, that the biometric system erred, that he never acted on behalf of another candidate, and that he has no prior criminal record, having been in custody since 21‑02‑2026. The State opposed bail, while the petitioner’s counsel argued for his release. After hearing both sides, the Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties. The bail was ordered to be granted subject to the conditions specified.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious charges under the B.N.S., 2023 and the Bihar Conduct of Examination Act.
  • Whether the biometric evidence alleging double appearance is reliable enough to deny bail.

Legislation cited

Subjects

  • bail
  • biometric evidence
  • examination fraud
  • criminal procedure
  • B.N.S. 2023
  • Bihar Conduct of Examination Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40319 of 2026
                     Arising Out of PS. Case No.-152 Year-2026 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Rajesh Kumar S/o Jawahar Rai R/o vill - Nrayanpur, P.S.- Grakha, Distt.-
                 Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Kanchan Kumari, Advocate.
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Gardanibagh P.S. Case No. 152 of 2026 registered for the

                   offence punishable under Sections 319(2), 318(4), 338, 336(3),

                   340(2), 112(2), 61(2), 3(5) of the B.N.S., 2023 and Section 10 of

                   the Bihar Conduct of Examination Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner has appeared twice in the recruitment examination of

                   the Constable where he was apprehended. It is alleged that the

                   petitioner was identified in the biometric test.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is innocent and has

                   committed no offence and has been falsely implicated in the
           Patna High Court CR. MISC. No.40319 of 2026(2) dt.24-06-2026
                                                       2/2




                     present case. It is further submitted that the petitioner did not

                     appear in the examination on behalf of any other candidate.

                     Learned counsel submits that the petitioner had already

                     qualified the examination twice and that the biometric machine

                     erroneously showed him of appearing twice. 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 21.02.2026.

                                  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

                     A.C.J.M.-XIII, Patna in connection with Gardanibagh P.S. Case

                     No. 152 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.