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Patna High Court

Amarjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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