Prem Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45541 of 2025 Arising Out of PS. Case No.-341 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Prem Kumar Bharti S/o Sampati Lal Bhandari R/o Village- Gamhariya, P.S.- Murauna (Nadi Thana), District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with L.N.M.U P.S. Case No. 341 of 2025 dated 14.12.2024, instituted for the offence punishable under Sections 319(2), 318(4), 336(3), 61 of the Bharatiya Nyaya Sanhita, 2023 and Section 10 of the Bihar Examination Conduct Act, 1981.

3. The allegation against the petitioner is that he committed fraud by sending scholar namely, Satyendra Kumar Mandal to give examination at his place in the exam of CTET held on 14.12.2024 in first sitting.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel further submitted that the petitioner is a young boy aged about 23 years. It is further submitted that no

Patna High Court CR. MISC. No.45541 of 2025(3) dt.16-10-2025 2/2 offence under BNS is made out against the petitioner and only Sections of Bihar Examination Control Act is applicable, which is bailable. It is next submitted that the petitioner was not apprehended at the spot. It is further submitted that co-accused namely, Satyendra Kumar Mandal who was giving examination in place of the petitioner, has been granted bail by the learned lower Court itself. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with L.N.M.U P.S. Case No. 341 of 2025, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga, subject to condition as laid down under Section 482(2) of the B.N.S.S.

(Khatim Reza, J) Sankalp/- U T