Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40319 of 2026 Arising Out of PS. Case No.-152 Year-2026 Thana- GARDANIBAG District- Patna ====================================================== Rajesh Kumar S/o Jawahar Rai R/o vill - Nrayanpur, P.S.- Grakha, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Kanchan Kumari, Advocate.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Gardanibagh P.S. Case No. 152 of 2026 registered for the offence punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 112(2), 61(2), 3(5) of the B.N.S., 2023 and Section 10 of the Bihar Conduct of Examination Act.

3. The case of the prosecution, in short, is that the petitioner has appeared twice in the recruitment examination of the Constable where he was apprehended. It is alleged that the petitioner was identified in the biometric test.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has committed no offence and has been falsely implicated in the

Patna High Court CR. MISC. No.40319 of 2026(2) dt.24-06-2026 2/2 present case. It is further submitted that the petitioner did not appear in the examination on behalf of any other candidate. Learned counsel submits that the petitioner had already qualified the examination twice and that the biometric machine erroneously showed him of appearing twice. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 21.02.2026.

5. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIII, Patna in connection with Gardanibagh P.S. Case No. 152 of 2026.

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