Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the disclosure statements did not disclose any overt act by the petitioner and therefore granted anticipatory bail.
Summary
Manish Kumar was named in an FIR for alleged involvement in cheating in a Sipahi recruitment examination, charged under several sections of the Bhartiya Nyay Sanhita, 2023 and the Bihar Public Examination Prevention of Unfairness Act, 2024. The petitioner argued that his name appeared only because a co‑accused, who was the actual candidate, disclosed that Kumar merely introduced another accomplice and did not commit any overt act. The State opposed his request for anticipatory bail. The court examined the disclosure statements and found no evidence of an overt act by the petitioner and noted his clean antecedent. Consequently, the court ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directs surrender within four weeks and compliance with the bail conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the allegations.
- Whether the disclosure statements of co‑accused constitute sufficient grounds to deny bail.
- Whether any overt act attributable to the petitioner is established under the charged offences.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 112(2), 318(4), 336(3), 338, 340(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- disclosure statement
- overt act
- recruitment examination cheating
- clean antecedent
- bail conditions
- Bhartiya Nyay Sanhita
- Bihar Public Examination Prevention of Unfairness Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79217 of 2025
Arising Out of PS. Case No.-727 Year-2024 Thana- GARDANIBAG District- Patna
======================================================
Manish Kumar Son of Arjun Yadav R/o Village- Devrath, P.S.- Kako, District-
Jehanabad
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Kaushal Kishor, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Gardanibagh P.S.
Case No. 727 of 2024 registered for the offences punishable
under Sections 318(4), 336(3), 340(2), 338, 112(2) of the
Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’) and
section 10 and 11 of Bihar Public Examination Prevention of
Unfairness Act, 2024.
3. The allegation against the petitioner is to help the
co-accused persons to get cleared Sipahi recruitment
examination by adopting unfair means.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.79217 of 2025(4) dt.20-02-2026
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petitioner submitted that name of this petitioner transpired
only on the basis of disclosure made by apprehended co-
accused persons who was the actual candidate, where he
disclosed against this petitioner that being friend, he helped
him to introduce another co-accused, who helped to adopt
unfair means. It is submitted that if the disclosure statement
be taken into consideration for a moment, then no overt act
appears attributed to this petitioner with the present crime in
question. Petitioner claimed clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie disclosure statement of
apprehended co-accused persons failed to disclosure any
overt act qua involvement of petitioner with the present crime
in question, accordingly, above-named petitioner, who is a
man of clean antecedent, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like amount each
Patna High Court CR. MISC. No.79217 of 2025(4) dt.20-02-2026
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to the satisfaction of learned A.C.J.M.-XIII, Patna/concerned
court in connection with Gardanibagh P.S. Case No. 727 of
2024, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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