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Patna High Court

Pankaj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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