Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the offence is grave and custodial interrogation is deemed necessary.
Summary
Petitioner Pankaj Kumar, a system analyst with the Bihar School Examination Board, was implicated in a case alleging tampering of exam results, forgery of records, and issuance of fraudulent certificates. The prosecution charged him under Sections 318(4), 336(3), 338, 340(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for anticipatory bail, arguing fear of arrest. The court examined the seriousness of the alleged offences and the prosecution’s need for custodial interrogation to uncover the full extent of the crime. Considering the gravity of the fraud and the requirement of further investigation, the court refused anticipatory bail, directing the petitioner to surrender within two weeks and seek regular bail, failing which he would be arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of forgery and tampering with examination records under the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- anticipatory bail
- forgery
- exam fraud
- data tampering
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72437 of 2025
Arising Out of PS. Case No.-430 Year-2025 Thana- KOTWALI District- Patna
======================================================
Pankaj Kumar S/o Ramesh Kumar Singh R/o Mohalla - Anand Vihar Colony,
Near - Pathan toli, Hatsarganj, P.S - Hajipur Town, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Kumar
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Kotwali P.S. Case No. 430 of 2025 registered for offences under
Sections 318(4), 336(3), 338, 340(2) read with Section 3(5) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner was
engaged with the Bihar School Examination Board as a System
Analyst and co-accused Syed Anjum Jamal was working as
Datebase Administrator and it is alleged that they tampered with
the DTR, changed the call details and also made changes in the
marks and classes in data i.e., tampered with the result.
4. The petitioner is said to have committed forgery in
the records and is a part of the gang which has issued pass
Patna High Court CR. MISC. No.72437 of 2025(3) dt.21-01-2026
2/2
certificates to the failed candidates.
5. Mr. Jharkhandi Upadhyay, the learned APP for the
State has submitted that custodial interrogation of the accused is
necessary for finding out the magnitude of the crime so that
other persons who may have been involved are also brought to
justice.
6. Considering the nature and the gravity of the
offence, this Court is not inclined to grant anticipatory bail to
the petitioner who while working with BSEB has committed
this fraud. Accordingly, the application for anticipatory bail
stands rejected.
7. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Senior Superintendent of
Police, Patna will take all steps for the arrest of the petitioner.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Patna through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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