Patna High Court
ADITYA RAJversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Aditya Raj, was implicated in a recruitment fraud case (Airport P.S. Case No.28 of 2019) alleging forgery and cheating under IPC sections 419, 420, 467, 468 and 471, based on a mismatch between his thumb impression and the original sample. He claimed innocence, stating that a software glitch caused the mismatch and that similarly situated candidates were later cleared. The petitioner applied for anticipatory bail, arguing lack of prior knowledge of the FIR, no criminal record, and reliance on a coordinate bench decision granting bail to a co‑accused in a similar case (Cr. Misc. No.12931 of 2026). The State opposed the bail. The Court, noting the precedent and the technical explanation, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and strict conditions under Section 482(2) of the BNSS, including regular court appearances and non‑interference with witnesses.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious offences alleged under the IPC.
- Whether the technical failure in thumb‑impression software and the precedent of a co‑accused merit bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Indian Penal Code — s. 419, 420, 467, 468, 471
Subjects
- anticipatory bail
- thumb impression mismatch
- recruitment fraud
- IPC sections 419 420 467 468 471
- Section 482(2) BNSS
- technical fault
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9126 of 2026
Arising Out of PS. Case No.-28 Year-2019 Thana- AIRPORT District- Patna
======================================================
Aditya Raj Son Of Ravindra Prasad R/O- Choti Badalpura, Lal Chowk,
Danapur, P.S.- Khagaul, District - Patna, Pin Code - 801105
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Raushan
For the Opposite Party/s : Mr. Parmeshwar Mehta
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Airport P.S. Case No.28 of 2019, dated
31.01.2019, registered for the offence punishable under Sections
419, 420, 467, 468 & 471 of the Indian Penal Code.
3. As per the FIR, the informant alleged that
pursuant to the advertisement for the post of appointment of
driver, police and fire fighting persons, examination was held at
different centres. Further, after they crossed the physical
efficiency test, were called for driving test and were supposed to
give their respective thumb impression on the scanner which
were preserved. Later, it was found that the thumb impression as
also hand writing of some of the candidates including the
Patna High Court CR. MISC. No.9126 of 2026(3) dt.22-04-2026
2/4
petitioner did not match with the original samples.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case. It is submitted that the petitioner had no
knowledge of the lodging of the FIR and came to know about
the same only after the notice issued to him on 29.08.2025,
whereafter, he took steps to file an application for anticipatory
bail before the learned court below. It is further submitted that
the petitioner himself appeared in all the tests conducted, but
due to some technical fault in the software, his thumb
impression could not be properly recognized, as a result of
which he was wrongly classified in the category of candidates
whose signatures/thumb impressions did not match. It is also
submitted that in respect of other similarly situated candidates,
the discrepancy was later resolved and they were made free.
Learned counsel further submits that a similarly situated co-
accused, on identical allegations, approached this Court in Cr.
Misc. No. 12931 of 2026 and was granted anticipatory bail by a
coordinate Bench vide order dated 26.02.2026. Lastly, it is
submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.9126 of 2026(3) dt.22-04-2026
3/4
6. Considering the fact that a similarly situated co-
accused has been granted anticipatory bail by a coordinate
Bench of this Court, let the above named petitioner, be released
on bail, in the event of his arrest or surrender before the learned
Court below within a period of six weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional Chief Judicial Magistrate-IV, Patna
Sadar, Patna/Successor Court in connection with Airport P.S.
Case No.28 of 2019, subject to the conditions as laid down
under Section 482(2) of the BNSS as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.9126 of 2026(3) dt.22-04-2026
4/4
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
Checking your session…