Patna High Court
Nirbhay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Nirbhay Singh, sought anticipatory bail after being implicated in a case alleging cheating in the NEET 2024 examination, with charges under IPC sections 419, 420, 467, 468 and 471, and Section 10 of the Bihar Conduct Examination Act, 1981. He contended that he was falsely implicated, that another individual, Tohid Alam, was arrested in his place, and that he has a clean antecedent. The CBI argued that a notice had been issued to the petitioner, who failed to appear, and that the case remained with the local police and not under CBI investigation. The petitioner assured cooperation with the investigation and emphasized that custodial detention would jeopardize his future. The court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., with a bail bond of Rs.10,000 and two sureties.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of alleged cheating in the NEET examination?
- Whether the petitioner’s alleged non‑appearance before the investigating officer justifies denial of anticipatory bail?
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- anticipatory bail
- cheating
- NEET 2024
- false implication
- IPC offences
- Bihar Conduct Examination Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71779 of 2024
Arising Out of PS. Case No.-221 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
Nirbhay Singh S/O Ram Jee Resident of Ghurdaul Road, B.K. Institute,
Yadav Colony, Digha Ghat, P.S. - Digha, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. CBI, Branch at Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnish Kumar, Advocate
For the State : Mr. Abhimanyu Sharma, A.P.P.
For the C.B.I. : Mr. Nilanjan Chatterjee, Advocate
Mr. Ujjwal Raj, Advocate
Mr. Anirvan Choudhuri, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 24-03-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the C.B.I.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 419, 420,
467, 468 and 471 of the Indian Penal Code as well as Section 10
of the Bihar Conduct Examination Act, 1981.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that in the NEET Examination, 2024, one Tohid Alam
was arrested in place of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.71779 of 2024(5) dt.24-03-2026
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informant. It is further submitted that petitioner never appeared
in the examination and, as such, he is not aware that how Tohid
Alam appeared in his place. It is next submitted that a notice
was issued by the C.B.I. requiring the petitioner to appear
before the officer investigating the case, accordingly, the
petitioner along with his father went to Delhi and got his
statement recorded.
5. Learned counsel appearing on behalf of the C.B.I.
submits that 73 named were sent to the C.B.I. by the authorities
with an allegation that students were found committing cheating
in the NEET Examination in pursuance whereof notices were
issued to the petitioner but then petitioner did not appear. It is
further submitted that thereafter Bidupur P.S. Case No. 221 of
2024 was instituted and the said case was never transferred to
the C.B.I., as such, C.B.I. presently is not investigating the case.
6. At this stage, learned counsel appearing on behalf
of the petitioner submits that petitioner will not abscond rather
will cooperate in the investigation, if privilege of anticipatory
bail is granted. It is further that petitioner is a young boy aged
about 19 years and if in the nature of allegation he is sent to
judicial custody his entire career would get jeopardized and
chances are bright that he may come in contact with the
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hardened criminals.
7. Learned A.P.P. for the State is present.
8. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Trial
Court where the case is pending/Successor Court in connection
with Bidupur P.S. Case No. 221 of 2024, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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