Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner, finding no sufficient basis to deny bail.
Summary
Manoj Kumar was arrested in connection with a case alleging that he hired a scholar to impersonate him in the NEET examination, invoking several offences under the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act. The petitioner contended that he did not procure or facilitate any leakage of exam papers and that he ultimately appeared for the exam himself, asserting his innocence. The State opposed the bail application, arguing the seriousness of the alleged offences. The Court examined the allegations and, finding no substantive evidence of the petitioner’s involvement in the alleged cheating, allowed the regular bail application. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, with the order expressly limited to the bail matter and not on the merits of the case.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges under the Bharatiya Nyaya Sanhita and the IT Act.
- Whether the allegations of hiring a scholar to impersonate the petitioner in the NEET exam constitute an offence under the cited statutory provisions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 319(2), 336(3), 338, 339, 340(2), 61(2)
- Information Technology Act — s. 66, 66(D)
Subjects
- bail
- NEET examination
- exam impersonation
- cheating
- Information Technology Act
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42424 of 2026
Arising Out of PS. Case No.-217 Year-2026 Thana- GRIYAK District- Nalanda
======================================================
Manoj Kumar Son of Surendra Prasad Yadav Resident of Village - Shekhpur,
P.S.- Ahiyapur, District - Muzaffarpur, State - Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pintu Kumar Patel
For the Opposite Party/s : Mr. Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Giriyak (Pawapuri) P.S. Case No. 217 of 2026 registered for the
offence under Section(s) 316(2), 318(4), 319(2), 336(3), 338,
339, 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and
Section 66 and 66(D) of the IT Act.
3. As per the prosecution case, the allegation against
the petitioner is that, with the assistance of the other co-accused,
he hired a scholar to impersonate him and appear in the NEET
examination on his behalf.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 05.05.2026 and has no criminal
Patna High Court CR. MISC. No.42424 of 2026(2) dt.29-06-2026
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antecedent. It is further submitted that the petitioner is neither
the solver nor involved in the offence of procuring or facilitating
the leakage of the NEET examination question papers. It is
further submitted that the petitioner is an NEET aspirant who is
alleged to have attempted to arrange for a solver to appear in the
examination on his behalf; however, the petitioner ultimately
appeared in the examination himself.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the fact that the petitioner is not involved in any such
offences as alleged, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Giriyak (Pawapuri)
P.S. Case No. 217 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.42424 of 2026(2) dt.29-06-2026
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
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