Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79217 of 2025 Arising Out of PS. Case No.-727 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== Manish Kumar Son of Arjun Yadav R/o Village- Devrath, P.S.- Kako, DistrictJehanabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kaushal Kishor, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Gardanibagh P.S. Case No. 727 of 2024 registered for the offences punishable under Sections 318(4), 336(3), 340(2), 338, 112(2) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.') and section 10 and 11 of Bihar Public Examination Prevention of Unfairness Act, 2024.

3. The allegation against the petitioner is to help the co-accused persons to get cleared Sipahi recruitment examination by adopting unfair means.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.79217 of 2025(4) dt.20-02-2026 2/3 petitioner submitted that name of this petitioner transpired only on the basis of disclosure made by apprehended coaccused persons who was the actual candidate, where he disclosed against this petitioner that being friend, he helped him to introduce another co-accused, who helped to adopt unfair means. It is submitted that if the disclosure statement be taken into consideration for a moment, then no overt act appears attributed to this petitioner with the present crime in question. Petitioner claimed clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as prima facie disclosure statement of apprehended co-accused persons failed to disclosure any overt act qua involvement of petitioner with the present crime in question, accordingly, above-named petitioner, who is a man of clean antecedent, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each

Patna High Court CR. MISC. No.79217 of 2025(4) dt.20-02-2026 3/3 to the satisfaction of learned A.C.J.M.-XIII, Patna/concerned court in connection with Gardanibagh P.S. Case No. 727 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T