Mayank Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37564 of 2025 Arising Out of PS. Case No.-98 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Mayank Kumar S/O Brajesh Kumar R/O Village- Neuri (Neori), P.SMahindwara, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-06-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code read with Section 10 of Bihar Examination Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy aged about 18 years and the informant alleges that in NEET (UG) examination, Rohit was appearing in place of the petitioner and the same came to the notice of the authorities when biometric verification of Rohit did not match with the petitioner, further at the center, 7 candidates were found to be fake.

Patna High Court CR. MISC. No.37564 of 2025(2) dt.25-06-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case based on suspicion. It is next submitted that no doubt petitioner was a candidate for NEET (UG) examination, but the on the date of examination he did not appear, as such, petitioner was not aware that who in his place appeared in the examination. It is also submitted that even presuming what has been alleged is true without admitting, in that event no wrongful gain accrued to the petitioner. It is next submitted that petitioner is a young boy aged about 18 years and in the event if he is sent to judicial custody in that event his entire future prospects would get jeopardized and chances are bright that he may come in contact with hardened criminals in jail. It is next submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/-

Patna High Court CR. MISC. No.37564 of 2025(2) dt.25-06-2025 3/3 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Muffasil P.S. Case No. 98 of 2024 subject to the conditions as laid down under Section 482 (2) of BNSS.

7. One of the bailors of the petitioner shall be his father, Brajesh Kumar.

8. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

9. Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.

(Satyavrat Verma, J) Rishabh/- U T