Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54073 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- MURLIGANJ District- Madhepura ====================================================== Manoj Kumar S/o Chandeshwari Prasad Yadav R/O Village- Bhalni, PSMurliganj, Distt-Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Pooja Prasad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-08-2025

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 316(5) and 318(4) of the BNS.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that the accused persons collected money for filling up forms for an examination to be conducted by the Bihar School Examination Board. However, on the scheduled date, the forms could not be submitted on account of which the students were unable to appear in the examination, hence, the students and their guardians protested and upon such protest the FIR came to be instituted against the Principal and other accused including the petitioner.

Patna High Court CR. MISC. No.54073 of 2025(2) dt.21-08-2025 2/3

4. Learned counsel for the petitioner submits that the FIR was instituted in haste. It is further submitted that Amod Kumar Singh, Principal of the School, had approached this Court seeking anticipatory bail by filing Cr. Misc. No. 52268 of 2025 and the same was allowed by an order dated 12.08.2025 passed by a learned Coordinate Bench of this Court. It is next submitted that from perusal of the order dated 12.08.

2025, it would manifest that the Principal had taken a stand that due to lack of infrastructure and absence of internet and communication facilities, the school was not in a position to directly fill the examination forms, as such, assistance of an agency whose proprietor is the petitioner was taken and it was on account of negligence of the agency that the forms could not be filled in time but the moment the authorities came to know about the same the forms were filled and the student participated in the examination and their results have been declared. It is thus submitted that petitioner being the proprietor of the agency came to be implicated but then since there was some miscommunication, as such, the forms could not be submitted in time but then students have appeared and their results stand declared.

5. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.54073 of 2025(2) dt.21-08-2025 3/3 anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, let 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.10,000/- (Rupees Ten 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 Murliganj P.S. Case No. 38 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Kundan/- U T