Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44792 of 2026 Arising Out of PS. Case No.-225 Year-2026 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Raushan Kumar S/o Arjun Yadav Resident of Village- Paguraha, Ward No. 03, P.S.- Garhpura, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ruchi Mandal, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Madhubani Town P.S. Case No. 225 of 2026 instituted for the offence under Sections 318(2), 318(4), 317(5), 62 & 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 10, 3(X) (XI) of the Bihar Public Examination (Prevention of Unfair Means) Act, 2024.

3.

The prosecution case in short is that acting on secret information, the police recovered electronic communication devices from the shop of co-accused, namely, Baijnath Das and, on his disclosure, police apprehended the petitioner along with other co-accused from Nand Hotel. On

Patna High Court CR. MISC. No.44792 of 2026(2) dt.13-07-2026 2/3 search, there is recovery mobile phones from their possession. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.04.2026. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner mainly submits that save and except mobile phone, nothing incriminating has been recovered from the petitioner's possession. Petitioner has no concern with the recovered articles. It is submitted that no question paper, answer key, solved answer script, OMR sheet, confidential examination material, candidate list etc. have been recovered from the petitioner's possession. There is no compliance of Section 103 of the BNSS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being no recovery of incriminating articles from the petitioner's possession, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.44792 of 2026(2) dt.13-07-2026 3/3 bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhubani Town P.S. Case No. 225 of 2026.

(Rudra Prakash Mishra, J) Raj Kishore/- U T