Amod Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52268 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- MURLIGANJ District- Madhepura ====================================================== Amod Kumar Singh S/o Radha Raman Singh Resident of Village - Bishanpur, Korlahi, P.S. - Kumarkhand District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Pd. Advocate Ms. Pooja Prasad, Advocate Mr. Manoj Kr. Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Murliganj P.S. Case No. 38 of 2025, dated 21.01.2025, lodged under Section 316(5) and 318(4) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").
3. As per the prosecution, FIR has been lodged against two named accused persons, including the present petitioner, alleging that they collected money for filling up forms for an examination conducted by the Bihar School Examination Board. However, on the scheduled date, the forms could not be submitted, due to which the students were unable to appear in the examination. As a result, the students and their guardians started protesting, and upon such protest, the FIR was lodged by the SHO against the principal.
Patna High Court CR. MISC. No.52268 of 2025(2) dt.12-08-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner is the Principal of Virndavan High School, Murliganj. He also submits 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. For this reason, assistance was taken from an agency, whose proprietor was one Mr. Rahul Kumar, through whom the forms were usually filled.
5. It was due to the negligence of Mr. Rahul Kumar, the proprietor of the said agency, that the forms could not be submitted on time. However, as soon as it was identified that the forms had not been filled, the petitioner, along with principals of other schools in the locality, immediately took necessary steps to ensure that the forms were filled. As a result, all the forms were eventually submitted, and the students who had initially missed out were able to appear in the examination, and their results have since been declared.
6. It is further submitted that the error occurred solely due to the fault of the agency's proprietor, and not due to any lapse on the part of the petitioner. He further submits that a separate FIR has been lodged by the petitioner against Mr.
Patna High Court CR. MISC. No.52268 of 2025(2) dt.12-08-2025 3/3 Rahul Kumar, who has admitted that the forms could not be submitted due to his mistake. Counsel also submits that, owing to the timely and efficient steps taken by the petitioner, the academic year of the students was not wasted, and they successfully appeared in the examination.
7. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the allegations are serious in nature.
8. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Judicial Magistrate 1st Class, Madhepura, in connection with Murliganj P.S. Case No. 38 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T