Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the petitioner’s alleged participation was not sufficiently established and therefore granted bail under Section 482(2) of the BNSS.
Summary
Amarjeet Kumar was named in an FIR for allegedly assisting a candidate in cheating during the Assistant Education Development Officer examination by using electronic devices from a vehicle outside the exam centre. The petitioner contended that he was not present in the vehicle at the time of the raid, noting that only four co‑accused were arrested and he was not among them. He argued that the allegation was based merely on suspicion arising from a personal enmity with the candidate. The Assistant Public Prosecutor opposed bail, but the High Court, after considering the factual submissions, found insufficient evidence of the petitioner's presence or participation. Consequently, the Court ordered his release on bail subject to a bond of Rs. 10,000 with two sureties, invoking its inherent powers under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner’s alleged involvement, based solely on suspicion, justifies denial of bail.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the BNSS to grant bail in the present case.
Legislation cited
- Bihar Negotiable (BNS) — s. 111(2), 223, 318(4), 3(5), 61(2)
- Bihar Negotiable (BNSS) — s. 482(2)
- Bihar Public Examination Act, 2024 — s. 10(1), 11(1)
Subjects
- bail
- cheating examination
- electronic devices
- suspicion
- Section 482
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42842 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Amarjeet Kumar S/O Late Amir Lal Rai Resident of village - Amarpur, P.S-
Barauni, District – Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kr. Thakur, Adv
: Mr. Shivam, Adv
: Mr. Purushottam Kumar, Adv
For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and apprehending
his arrest in connection with Muffasil P.S. Case No. 84/2026
registered for the offences punishable under Sections 318(4), 223,
111(2), 3(5) and 61(2) of the BNS and Sections 10(1) and 11(1) of
the Bihar Public Examination Act, 2024.
3. As per FIR, petitioner along with other co-accused
persons alleged to help the co-accused by adopting unfair means,
who was bonafide candidate of the Assistant Education Development
Officer examination through electronic devices from the outside
campus, while sitting along with co-accused persons inside four-
wheeler.
4. It is submitted by Mr. Ajay Thakur, learned counsel
appearing on behalf of the petitioner that out of previous enmity
petitioner was implicated with the present crime in question. In this
connection, it is submitted that as this petitioner was roommate of the
Manish Kumar, who was the candidate, he named this petitioner due
Patna High Court CR. MISC. No.42842 of 2026(2) dt.07-07-2026
2/2
to rental disputes. It is submitted that Manish Kumar specifically
named six persons helping him by sitting in a car outside the
examination centre, but after raid only four person were arrested
from the car except this petitioner and there is no such allegation that
this petitioner fled away seeing police from the car, which is
sufficient to suggest that petitioner was not present even near to the
place of occurrence. It is submitted that the allegation suggest only
suspicion against this petitioner qua his involvement for adopting
unfair means in the examination. Petitioner claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as only four persons were found inside the car after raid
at the place of occurrence on the basis of statement of co-accused
Manish Kumar, accordingly petitioner above-named, in the event of
his arrest or surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM-I, Begusarai/concerned
Court, where the case is pending in connection with Muffasil P.S.
Case No. 84/2026, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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