Patna High Court
Gurmit kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court granted anticipatory bail to the petitioner subject to stipulated conditions.
Summary
Gurmit Kumar sought anticipatory bail fearing arrest in a case registered in 2018 for alleged cheating in a 10+2 examination, allegedly involving the exchange of answer keys via WhatsApp. The prosecution alleged that the petitioner was part of a conspiracy to cheat, invoking sections 420 and 120(b) of the IPC and section 10 of the Bihar Conduct of Examination Act, and seized mobile phones and a motorcycle as evidence. The petitioner contended that he was falsely implicated, that the offences under the Bihar Act and IPC did not apply to him, and that he had complied with Section 41(1) of the CrPC during investigation. The State opposed the anticipatory bail. The court, after considering the submissions, ordered that the petitioner be granted anticipatory bail upon surrender within six weeks, subject to a bail bond of Rs.10,000 and two sureties, and the conditions prescribed under Section 482(2) of the Bihar Negotiable Instruments (or related) Act.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in the pending case under sections 420, 120(b) IPC and section 10 Bihar Conduct of Examination Act.
- Whether the petitioner is liable under the Bihar Conduct of Examination Act, 1982 and IPC provisions alleged by the prosecution.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 41(1)
- Indian Penal Code — s. 120(B), 420
Subjects
- anticipatory bail
- cheating examination
- IPC 420
- conspiracy
- Bihar Conduct of Examination Act
- Criminal Procedure Code
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88328 of 2025
Arising Out of PS. Case No.-33 Year-2018 Thana- BARBIGHA District- Sheikhpura
======================================================
Gurmit Kumar, S/O Vidya Sagar Chaudhary, R/O Village - Gadih Vishunpur,
P.S- Lakhisarai, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Barbigha P.S. Case No. 33 of 2018 registered for
the offence punishable under Sections 420, 120(B) of Indian Penal
Code and Section 10 of Bihar Conduct of Examination Act.
3. As per the prosecution case, on 10.08.2025 the
informant was posted as S.I. at Intermediate Examination, 2018
at Barbigha High School. During first shift of the examination,
he was informed that a person standing near the toilet area was
dictating the answers to questions of the examination through
whatsapp. When they saw the informant coming, they tried to
escape and after chase, one person was caught and produced
before the Magistrate. On inquiry, it was found that through the
alleged whatsapp number the answer of the 1st sitting of the
Patna High Court CR. MISC. No.88328 of 2025(2) dt.05-01-2026
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examination of 10+2 exam was being exchanged which was
conducted by Bihar School Examination Board, Patna, 2018.
The police also seized three mobile phones and a motorcycle
without registration number.
4. Learned counsel for the petitioner has submitted
that the petitioner is quite innocent and has committed no
offence and has been falsely implicated in this case due to
ulterior motive. The allegation brought against the petitioner is
false and baseless. During the course of investigation, the
petitioner complied the directions as laid down under Section
41(1) of the Cr. P.C. From perusal of the FIR, it appears that the
offence under Section 10 of the Bihar Conduct of Examination
Act, 1982 is not attracted as against the petitioner. It is further
submitted that other offence under Section 420 of the IPC is
also not applicable in this case.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
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10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Sheikhpura, in connection with Barbigha
P.S. Case No. 33 of 2018, subject to conditions as laid down
under section 482(2) of the B.N.S.S.
(S. B. Pd. Singh, J)
khushbu/-
U T
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