Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Conduct of Examination Act — s. 10
- B.N.S., 2023 — s. 112(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.