Patna High Court
Harsh RajversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court refused to grant bail to the petitioner.
Summary
Harsh Raj, a NEET UG candidate, was arrested on 5 May 2026 for allegedly hiring a scholar to sit the exam in his place, along with co‑accused. The FIR charges him under several offences in the Bharatiya Nyaya Sanhita, 2023 (including sections 316(2), 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2)) and the Information Technology (Amendment) Act, 2000 (sections 66 and 66(D)). He applied for bail, arguing that no incriminating material was seized and that the case is based merely on suspicion. The State opposed bail, citing a Rs 1 lakh transfer to an account linked to a co‑accused, WhatsApp calls on the exam date, and a confessional statement recorded by police. The Court, after considering the seriousness of the alleged offences and the evidence presented, declined to grant bail. Consequently, the petition for bail was dismissed.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged NEET impersonation and related offences.
- Whether the evidence, including the alleged financial transaction, WhatsApp communications, and confessional statement, justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2)
- Information Technology (Amendment) Act, 2000 — s. 66, 66(D)
Subjects
- bail
- NEET examination fraud
- impersonation
- cheating
- Bharatiya Nyaya Sanhita
- Information Technology Act
- criminal procedure
- suspicion
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40482 of 2026
Arising Out of PS. Case No.-217 Year-2026 Thana- GRIYAK District- Nalanda
======================================================
Harsh Raj Son of Dr. Naresh Kumar das Resident of Village- South Gate Near
Sadar Hospital, PS -Town Dist -Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-06-2026 Heard Mr. Rajesh Kumar Sharma, learned counsel for
the petitioner and Mr. Jharkhandi Upadhyay, learned A.P.P. for
the State.
2. The present case has been taken up out of term on
the basis of the Motion slip filed on behalf of the petitioner on
the ground that the petitioner is a candidate of NEET UG
examination, which is going to be held on 21.06.2026.
3. The petitioner seeks bail, who is in custody since
05.05.2026 in connection with Giriyak (Pawapuri) P.S. Case No.
217 of 2026, F.I.R. dated 03.05.2026 registered for the offence
punishable under Sections 316(2), 318(4), 319(2), 336(3), 338,
339, 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and
Sections 66 and 66(D) of the Information Technology
(Amendment) Act, 2000.
Patna High Court CR. MISC. No.40482 of 2026(2) dt.19-06-2026
2/3
4. Allegation against the petitioner is that he hired a
scholar to appear in the NEET examination in his place by the
assistance of other co-accused.
5. Learned counsel appearing for the petitioner
submits that it appears from the FIR that the petitioner was
arrested in the present case. Allegation against the petitioner is
that he hired a scholar to appear in the NEET examination in his
place by the assistance of other co-accuse, whose names are
mentioned in the FIR. Learned counsel for the petitioner
submits that the petitioner has falsely been implicated in the
present case. In fact no incriminating article has been recovered
from possession of the petitioner and petitioner has been made
accused in the present case merely on the basis of suspicion.
6. Learned APP for the State on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that Rs. 1 lakh was transferred by the present petitioner
in the A/c No. 40468374421 which was recorded in Para-23 of
the case diary and account was registered in the name of Vijay
Pal Singh and on the date of the examination i.e. on 03.05.2026
several whatsapp call has been made by the petitioner to co-
accused Awadhesh Kumar, apart from the aforesaid, in para 24
of the case diary, it was recorded that the confessional statement
Patna High Court CR. MISC. No.40482 of 2026(2) dt.19-06-2026
3/3
of the petitioner shows that the police interrogated him in which
he admitted his involvement.
7. Considering the aforesaid facts, I am not inclined to
enlarge the petitioner on bail in connection with Giriyak
(Pawapuri) P.S. Case No. 217 of 2026 pending in the court of
learned Chief Judicial Magistrate (CJM), Nalanda at Bihar
Shariff.
8. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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