Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31170 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== Nitish Kumar Son of Uday Yadav Resident Of Village- Medinipur Barhiya, P.S. -Kurtha, Dist- Arwal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate Mr. Nishant Kumar, Advocate Mr. Saurabh Raj, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 318(4), 338, 336(3), 340(2) & 112(2) of the BNS and under Section 10/11 of the Bihar Conduct of Examination Act.

3. The case of the prosecution is that on the alleged date of occurrence, the informant was deputed in the Central Selection Board (Constable) Recruitment and on the same day physical verification was going on. In the course of biometric verification it was found that the signature and photograph of the petitioner mismatched from the person who had appeared in the examination in his place. It is further alleged that the upon enquiry, petitioner has confessed that he has conspired with one Rajesh Ram and Bipin Singh.

Patna High Court CR. MISC. No.31170 of 2025(2) dt.20-05-2025 2/2

4. Learned counsel for the petitioner submits that at most it is a case of impersonation or the violation of Section 10 of Bihar Conduct of Examination Act. It has also been submitted by the learned counsel that similarly situated accused persons have been granted bail by the learned Co-ordinate Bench vide Cr. Misc. Case Nos. 28895 of 2025 and 24423 of 2025. The case of this petitioner stands on similar footing. The petitioner is having no criminal antecedent. The petitioner is in custody since 29.01.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gardanibagh P.S. Case No. 72 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Session Judge-III, Patna.

(Ashok Kumar Pandey, J) Durgesh/- U T