Khurshid Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33521 of 2026 Arising Out of PS. Case No.-70 Year-2026 Thana- KHAJANCHI HAT District- Purnia ====================================================== Khurshid Alam, S/o Md. Tahir, R/o Village - Hingua, Ward No. 14, P.S - Bhargama, District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Advocate Mr. Afsna Mokhtar, Advocate Mr. Md. Manowar Hussain, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State through virtual mode.
2. The petitioner seeks bail in anticipation of his arrest in connection with K. Hat P.S. Case No. 70 of 2026, instituted for the offences punishable under Sections 318(4), 319(2), 336(3), 338 of the Bharatiya Nyaya Sanhita and 10 of Bihar Examination (Prevention & Unfair Means) Act, 2024.
3. As per the prosecution case, at the examination center, namely, Purnea Mahila Mahavidyalaya, Purnea where C-TET examination was underway, the invigilator found a dummy candidate, namely, Sonu Alam in place of the petitioner, namely, Khurshid Alam. It is alleged that co-accused/Sonu Alam was apprehended from Room No. 4 during the biometric
Patna High Court CR. MISC. No.33521 of 2026(2) dt.19-05-2026 2/3 verification and he was also having original AADHAR Card of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case merely because his AADHAR Card was found with the apprehended co-accused/Sonu Alam. It has been further submitted that the petitioner was not aware of the acts committed by the coaccused/Sonu Alam who has already been granted regular bail by the learned District & Additional Sessions Judge-8th, Purnea. It has next been submitted that the petitioner is a Master Degree holder in Economics and is having clean antecedent.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea, in connection with K. Hat P.S. Case No. 70 of 2026, subject to the conditions as laid down under Section 482 of the BNSS and subject to the
Patna High Court CR. MISC. No.33521 of 2026(2) dt.19-05-2026 3/3 following conditions:- (i) One of the bailors will be a close relative of the petitioner and the other shall be a local resident; (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court and shall cooperate in the investigation;
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned;
(iv) The Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The petition stands disposed of accordingly. (Sourendra Pandey, J) krishna/deepak/- U T