Utpalkant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71005 of 2025 Arising Out of PS. Case No.-404 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== Utpalkant Kumar S/O Praveen Jha @ Praveen Kumar Jha R/O villageParora, P.S.- Sahebpur Kamal, Dist- Begusarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-10-2025 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 punishable under Sections 318(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023, read with Section 10 of the Bihar Public Examination Act.

3. The prosecution case, in short, is that the petitioner was caught using a Bluetooth device and other electronic gadget for cheating during constable recruitment examination.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.71005 of 2025(2) dt.09-10-2025 2/3 the petitioner also submits that the petitioner has not committed any offence as alleged in the FIR. It is next submitted that some hot talk took place between the petitioner and the invigilator due to which he has been falsely implicated in this case. The electronic devices have not been recovered from the conscious possession of the petitioner. The petitioner is in custody since 17.07.2025 and has got no criminal antecedent. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 24.09.2025 passed in Cr. Misc. No. 68639 of 2025.

5. Learned APP 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 and taking into account 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 after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Noorsarai P.S. Case No. 404 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.71005 of 2025(2) dt.09-10-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T