Rahul Kumar v. The State Of West Bengal

AD 21 IN THE HIGH COURT AT CALCUTTA March 24, 2026 Circuit Bench at Jalpaiguri Ct. 6 Criminal Miscellaneous Jurisdiction SG CRM(A) 193 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Alipurduar P.S. Case No.80 of 2025 dated 02.03.2026 under Sections 204/31894)/336(3)/340 of the BNS. And In the matter of: Rahul Kumar ... petitioner Ms. Minoti Gomes Mr. S. Ganguly Mr. S. Shyamal Mr. S.S. Mitra ... for the petitioner Mr. A. Sarkar Mr. B. Roy ... for the State Learned counsel for the petitioner submits that he had appeared in the recruitment examination conducted by the Institute of Banking Personnel Selection (IBPS). After succeeding in the examination he was joined service on 12.03.2024. It is alleged that by use of AI technology doing some matching of photos, it was found that the petitioner had actually applied for participating in such examination twice, which is not permitted. Now, he has been suspended from his employment.

Learned counsel for the State opposes the prayer for anticipatory bail, refers to the letter dated 16.01.2026 referring to detection of cases of use of unfair means in IBPSCRP examination. It appears that as per the communication, after photo matching it was found that in two applications, photograph of the same person appeared.

It does not appear that there is any material to indicate that someone else had sat in the examination in place of the petitioner.

Considering the above and the other materials available in the case diary, I do not think that custodial interrogation of the petitioner is required in this case and I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a fortnight till submission of report in final form and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of requisite formalities.

(Jay Sengupta, J.)