Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56115 of 2025 Arising Out of PS. Case No.-829 Year-2023 Thana- AMARPUR District- Banka ====================================================== Piyush Kumar S/o Hira Mandal Vill.- Chouki, Niyamatpur Ghinu Nouua Lane Champanagar, PS- Nathnagar, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 419, 420 and 34 of the Indian Penal Code and Section 10 of the Bihar Examination Act.

3. The allegation in the FIR is that in the BPSC Teacher Recruitment Examination, 2023 one Kammando Kumar was caught giving examination in place of Piyush Kumar, the present petitioner. It is also stated that cash of Rs. 40,000/- was recovered from the conscious possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was the actual candidate in the said examination and he had no knowledge about the occurrence as he could not appear in

Patna High Court CR. MISC. No.56115 of 2025(2) dt.29-08-2025 2/3 the examination due to illness. It has been submitted that there is no material to show that there was any financial consideration involved in the case and the petitioner has no criminal antecedent. It has also been submitted that the person who was writting the exam has already been arrested and has also been released on bail vide order dated 15.04.2025 passed in Criminal Miscellaneous No. 9358 of 2024.

5. Learned APP, however, opposes the grant of anticipatory bail.

6. Considering the facts and circumstances of the case and also taking into consideration the fact that the petitioner was a candidate in the said examination, let the petitioner, above named, who has no criminal antecedent, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Amarpur P.S. Case No. 829 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, along with following conditions:- (i) The petitioner shall cooperate in the investigation/trial. (ii) One of the bailors shall be the father of the petitioner.

Patna High Court CR. MISC. No.56115 of 2025(2) dt.29-08-2025 3/3 (iii) The petitioner shall cooperate in the investigation by appearing before the I.O. as and when required and in case of non cooperation, the prosecution would be at liberty to file application for cancellation of his bail bond.

(Soni Shrivastava, J) ranjan/- U