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Patna High Court

Sonu Kumar PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Sonu Kumar Paswan was arrested on 16 March 2026 in connection with a case alleging that he used mal‑practice material during a recruitment examination for the post of Attendant (Peon). The FIR charges him under Sections 319(2), 318(4), 336(3), 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 10 of the Bihar Conduct of Examination Act, 1981. The petitioner contended that he has a clean antecedent, that no material was recovered from his possession, and that the accusation is based merely on suspicion. The Additional Public Prosecutor opposed bail, arguing the seriousness of the offences. The High Court, after considering the facts and the petitioner’s clean record, granted bail on a Rs. 10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged cheating in a recruitment examination under the specified provisions.
  • Whether the petitioner’s clean antecedent and the lack of material recovered justify bail despite the seriousness of the charges.

Legislation cited

Subjects

  • bail
  • cheating in examination
  • criminal procedure
  • Bharatiya Nyay Sanhita
  • Bihar Conduct of Examination Act
  • clean antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40880 of 2026
                      Arising Out of PS. Case No.-63 Year-2026 Thana- Kadirganj P.S. District- Nawada
                 ======================================================
                 Sonu Kumar Paswan S/O Kedar Paswan R/O Village- Pachrukhi, P.S-
                 Kizarsarai, District- Gayaji.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Satyapal Singh, Advocate
                 For the Opposite Party/s :         Mr. Bhnau Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   01-07-2026                      Heard Mr. Satyapal Singh, learned counsel for the

                   petitioner as well as               Mr. Bhnau Pratap Singh, learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   16.03.2026 in connection with Kadirganj P.S. Case No. 63 of

                   2026, F.I.R. dated 15.03.2026 for the offences punishable under

                   Sections 319(2), 318(4), 336(3), 3(5) of the Bharatiya Nyay

                   Sanhita, 2023 and Section 10 of Bihar Conduct of Examination

                   Act, 1981.

                                3. According to prosecution case, it is alleged that the

                   petitioner was found using mal-practice material during the

                   Preliminary Test Recruitment Examination held on 15.03.2026

                   for the post of Attendant (Peon), 2022.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.40880 of 2026(2) dt.01-07-2026
                                            2/3




          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation levelled against

          the petitioner is false and fabricated. As per allegation in the

          FIR, the petitioner was appearing in the examination for the

          recruitment for the post of Attendant (Peon), 2022 held on

          15.03.2026 and some mal-practice material(chit/slip) was

          recovered from this possession. He next submits that infact

          nothing has been recovered from the conscious possession of

          the petitioner and petitioner has been made accused merely on

          the basis of suspicion. He further submits that the police after

          investigation submitted the charge sheet against the petitioner

          and the petitioner is in custody since 16.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          as well as the fact that petitioner has clean antecedent and he is

          in custody since 16.03.2026, 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 Chief Judicial Magistrate, Nawada in

          connection with Kadirganj P.S. Case No. 63 of 2026, subject to

          the following conditions:-
            Patna High Court CR. MISC. No.40880 of 2026(2) dt.01-07-2026
                                                        3/3




                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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