Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68639 of 2025 Arising Out of PS. Case No.-404 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== Vijay Kumar S/o Sonelal Chaudhary R/o vill - Husainabad, P.S.- Ariyari, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Noorsarai P.S. Case No. 404 of 2025 instituted for the offences under Sections 318(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 10 of the Bihar Public Examination Act.

3. Prosecution case, in short, is that during a constable recruitment examination at RPS School, Makanpur on 16.07.2025, a candidate namely Utpalkant Kumar was caught using a Bluetooth device and another electronic gadget for

Patna High Court CR. MISC. No.68639 of 2025(2) dt.24-09-2025 2/3 cheating.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of disclosure made by the coaccused Utpalkant Kumar. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. Learned counsel further submitted that except confessional statement of the co-accused, there is no material against the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.07.2025 and has no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, there being no cogent material to show the involvement of the petitioner in the alleged offence as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.68639 of 2025(2) dt.24-09-2025 3/3 below/concerned Court in connection with Noorsarai P.S. Case No. 404 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T