Patna High Court
Ranvir Kumar @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail should be granted where the petitioner appears to have been falsely implicated and no substantial flight risk or danger to the public is shown.
Summary
The petitioner, Ranvir Kumar, was charged under multiple sections of the B.N.S., 2023 and the Bihar Conduct of Examination Act for allegedly appearing twice in a constable recruitment exam using a biometric test. The prosecution alleged that the petitioner had been identified through the biometric system and had committed offences related to examination fraud. The petitioner contended that he was innocent, had no criminal antecedents, and that the biometric machine erroneously recorded a duplicate appearance despite having already qualified twice. The court examined the claim of a technical error in the biometric system and the petitioner’s lack of prior record. Considering these factors, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite the charges 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.
- The impact of alleged biometric error on the validity of the charges.
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 error
- examination fraud
- false implication
- criminal procedure
- section 319
- section 10 Bihar Conduct of Examination Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41024 of 2026
Arising Out of PS. Case No.-152 Year-2026 Thana- GARDANIBAG District- Patna
======================================================
Ranvir Kumar @ Amit Kumar S/o Shatrudhan Singh Resident of Village-
Singarpur, P.S.- Suryagardha, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kanchan Kumari, Adv
For the Opposite Party/s : Mr. Bhanu Pratap Singh
======================================================
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.41024 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 Judicial
Magistrate, 1st Class, Siwan in connection with Gardanibagh
P.S. Case No. 152 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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