Patna High Court
Sonu Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 318(4), 319(2), 336(3), 3(5)
- Bihar Conduct of Examination Act, 1981 — s. 10
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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