Patna High Court

Shashi Bhushan KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Shashi Bhushan Kumar, was arrested on allegations of exam fraud involving a biometric mismatch during a recruitment interview for an Upper Division Clerk position. He was charged under several provisions of the Bharatiya Nyaya Sanhita, 2023, as well as sections of the Bihar Conduct of Examinations Act, 1981 and the Bihar Public Examinations (Prevention of Unfair Means) Act, 2024. The petitioner contended that he was falsely implicated and had been in custody since 10 September 2025, with a chargesheet already filed. The State opposed the bail application, but the court noted the prolonged pre‑trial detention of over five months and the lack of compelling evidence. Consequently, the court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Purnia.

Issues considered

Whether the petitioner is entitled to regular bail despite the charges under the Bharatiya Nyaya Sanhita and related examination statutes.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 3(5), 61(2)

Subjects

bail
exam fraud
biometric mismatch
pre‑trial detention
criminal procedure
Bharatiya Nyaya Sanhita
public examinations act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9869 of 2026
                   Arising Out of PS. Case No.-371 Year-2025 Thana- KHAJANCHI HAT District- Purnia
                 ======================================================
                 Shashi Bhushan Kumar S/o Sanjay Paswan R/o vill- Ancha Anehha, P.S.-
                 Daudnagar, Distt.- Aurangabad, Bihar
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Leelawati Kumari, Advocate
                                                 Mr. Aman Vishal, Advocate
                 For the Opposite Party/s :      Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   24-02-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with K. Hat P.S. Case no. 371

                   of 2025 registered under sections 319(2), 318(4), 338, 336(3),

                   61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, section 10

                   of the Bihar Conduct of Examinations Act, 1981 and section 11

                   of the Bihar Public Examinations (Prevention of Unfair Means)

                   Act, 2024.

                                 3. As per the prosecution case, the informant states

                   that in the examination being conducted by the Purnia Court

                   with respect to appointment of Upper Division Clerk against

                   Advertisement no. 2 of 2022, there was mismatch of the

                   biometrics of the petitioner on his going for interview. On

                   calling for the photograph and the biometric from the agency, it
           Patna High Court CR. MISC. No.9869 of 2026(2) dt.24-02-2026
                                                       2/2




                     transpired that there was difference with that of the petitioner.

                                  4. Learned counsel for the petitioner submits that the

                     petitioner has been falsely implicated in the case. So far as the

                     allegation of any wrong doing on part of the petitioner is concerned,

                     the same is categorically denied. The nature of allegation is such that

                     all the material required for proceeding with the case is already in

                     possession of the investigating agency. The petitioner is in custody

                     since 10.9.2025 and chargesheet has been submitted in the case.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations in the FIR, the

                     petitioner having remained in custody for over five months

                     since 10.9.2025 and chargesheet having been submitted in the

                     case, the Court directs the petitioner to be enlarged on bail in

                     connection with K. Hat P.S. Case no. 371 of 2025 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 Chief Judicial

                     Magistrate, Purnia.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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