Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75034 of 2025 Arising Out of PS. Case No.-363 Year-2025 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rajesh Kumar S/o Late Sitaram Singh R/o Village- Rampur, Ward No. 04, P.S.- Suryagarha, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar, Advocate For the State :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Lakhisarai P.S. Case No. 363 of 2025 registered for the offence under Sections 319(2), 318(4) and 3(5) of the B.N.S. and section 10 of Bihar Conduct of Examination Act, lodged on 23.07.2025 by the informant, Ezaj Alam.
3. As per the prosecution story, the informant alleged that one Ravish Kumar filled the form of Matric Annual Examination in the year 2024 from Upgraded High School, Basuachak. There is a procedure to identify top 20 rank holders on the basis of their performance and they are to be to interviewed. Ravish Kumar was also amongst 20 and when he was called for interview, he chose not to appear and made prayer for online interview. The Board was not satisfied after the
Patna High Court CR. MISC. No.75034 of 2025(2) dt.19-11-2025 2/3 online interview and then it came to notice that actually someone else sat on his behalf. His candidature was subsequently annulled, this petitioner was Teacher in the school has been made an accused with an allegation that he facilitated the presence of an imposter in place of Ravish Kumar. This led to the F.I.R.
4. Learned counsel for petitioner submits that only on the basis of suspicion, he being a Teacher, got implicated, there is a procedure for entry of all the candidates, petitioner alone cannot be singled out. If granted relief, he shall be diligently appearing in trial.
5. Learned APP opposes the prayer submitting that they failed to take note of presence of imposter in place of Ravish Kumar.
6. Considering the submissions of the parties as also the fact that main allegation is against Ravish Kumar. Though allegation is there that someone else appeared on his behalf in the school, the petitioner is a Teacher, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.75034 of 2025(2) dt.19-11-2025 3/3 (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Lakhisarai P.S. Case No. 363 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T