Patna High Court

Neeraj Kumar @ Niraj KumarversusThe State of Bihar

Decided: 11 February 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court ordered that the petitioner be released on bail upon arrest or surrender within six weeks, subject to bond and conditions, under Section 482(2) of the B.N.S., 2023.

Summary

The petitioner, Neeraj Kumar, sought anticipatory bail fearing arrest in a case (Chapra Muffasil P.S. Case No.405 of 2024) filed under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging he impersonated another candidate in a CTET examination. The prosecution alleged that Shashi Kumar had taken the exam in the petitioner’s place, leading to charges of fraud and related offences. The petitioner contended he was innocent, had no involvement in the exam, and suffered from serious health conditions including diabetes and HIV, asserting a clean antecedent and willingness to cooperate with investigation. The State opposed the bail application. The Court, after considering the facts and submissions, granted conditional bail if the petitioner is arrested or surrenders within six weeks, requiring a bond of Rs.10,000 with two sureties, under Section 482(2) of the B.N.S., 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the allegations of examination impersonation constitute sufficient ground to deny bail.
Whether the petitioner’s health conditions and clean antecedent are relevant factors for bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 318(1), 336(3), 338, 340(2), 3(5), 482(2), 61

Subjects

anticipatory bail
examination impersonation
Section 482
criminal procedure
health grounds
bail conditions
fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77172 of 2025
                  Arising Out of PS. Case No.-405 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Neeraj Kumar @ Niraj Kumar S/o- Sudish Ram Village- Tarwan, P.S.- Kopa,
                 District- Saran.
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar.                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Harish Kumar, Advocate.
                 For the Opposite Party/s :      Ms. Rina Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   11-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Chapra Muffasil P.S. Case No.405 of 2024 instituted under

                   Sections 318(1), 338, 336(3), 340(2), 61, 3(5) of the B.N.S.,

                   2023.

                                3. As per the prosecution case, Centre Superintendent,

                   Central School, Chapra stated in his complaint that on

                   17.07.2024 examination was being conducted at Centre

                   No.124002, wherein he got information that a different candidate

                   namely Shashi Kumar with Roll No.124001958 was taking

                   examination in place of real candidate who is petitioner,

                   thereafter he conducted raid and co-accused Shashi Kumar was

                   found writing the exam in place of petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this case.

                   He further submits that the petitioner is suffering from serious
              Patna High Court CR. MISC. No.77172 of 2025(3) dt.11-02-2026
                                                          2/2




                        ailment including high diabetes and he is also HIV positive and

                        under the treatment in P.M.C.H. and AIIMS, Patna. Learned

                        counsel submits that petitioner has no concern either with the

                        said ‘CTET’ examination in which co-accused Shashi Kumar

                        was found appearing in his place or with the co-accused Shashi

                        Kumar. He further submits that petitioner has got clean

                        antecedent and he undertakes to cooperate in the investigation

                        and trial of the case.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the case

                        and submissions of learned counsel for the parties, in the event of

                        arrest or surrender before the Court below within six weeks from

                        today, the petitioner be released on bail upon furnishing bail

                        bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount to each to the satisfaction of the learned

                        C.J.M., Chapra, Saran in connection with Chapra Muffasil P.S.

                        Case No.405 of 2024, subject to the conditions laid down in

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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