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Patna High Court

ASHWANI KUMAR @ BABLU BHUMIHAR @ BABLUversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for regular bail, finding no material evidence against the petitioner and deeming the police conduct high‑handed.

Summary

The petitioner, Ashwani Kumar, was arrested in connection with a case alleging that he leaked a medical entrance‑examination question paper, invoking IPC sections 406, 420, 467, 468, 471, 120B and IT Act section 66C. He had been in custody since 3 December 2025 and had already obtained bail in a separate economic‑offence matter. The prosecution offered no material evidence linking him to the alleged crime, and the court observed that the police action appeared high‑handed. Relying on the absence of substantive proof and the petitioner’s existing bail, the court granted regular bail with a cash bond of Rs 10,000 and four conditions, including regular police‑station attendance and surrender of passport. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether regular bail should be granted in a case involving alleged question‑paper leakage under IPC and IT Act provisions despite the seriousness of the charges.
  • Whether the lack of material evidence and alleged police high‑handedness justify the grant of bail.

Legislation cited

Subjects

  • regular bail
  • IPC
  • IT Act
  • question paper leak
  • high-handed police
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17420 of 2026
                   Arising Out of PS. Case No.-244 Year-2017 Thana- PATRAKARNAGAR District- Patna
                 ======================================================
                 Ashwani Kumar @ Bablu Bhumihar @ Bablu S/O Late Bhagirath Singh R/O
                 Vill - Makanpur, P.S.- Warsaligang, Distt.- Nawada

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ujjwal Kumar
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   19-03-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Patrakar Nagar P.S. Case No. 244 of 2017 registered for the

                   offence under Section(s) 406, 420, 467, 468, 471 and 120B of

                   the Indian Penal Code and Section 66C of the IT Act.

                                3. As per the prosecution case, the petitioner is

                   accused of leaking the medical entrance examination question

                   paper.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 03.12.2025. It is further submitted

                   that the FIR is of the year 2017 and during the pendency of the

                   bail application in connection with Economic office Case No.
Patna High Court CR. MISC. No.17420 of 2026(2) dt.19-03-2026
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          06 of 2024, the petitioner has been remanded in the present

          case.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                        6. I have considered the submissions of the parties and

          have gone through the records of the case. From the perusal of

          the materials available on record, it appears to be high-

          handedness act of the Police. From the impugned order it

          appears that apart from saying that the petitioner was a member

          of organized crime syndicate and allegation of leaking question

          paper of various examinations, no material has come against the

          petitioner.

                        7. Considering the fact the petitioner has already been

          granted bail in connection with Economic Offence Case No. 06

          of 2024 and also considering the fact that no material is

          available against the petitioner, this application for regular bail

          is allowed.

                        8. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Patrakar Nagar P.S.
            Patna High Court CR. MISC. No.17420 of 2026(2) dt.19-03-2026
                                                        3/3




                      Case No. 244 of 2017 subject to conditions that:-

                                                          (i). The petitioner will mark his
                                              attendance at the Warsaliganj Police Station
                                              on every Sunday of each month. Any default
                                              in appearance at the Police Station would
                                              result in cancellation of bail bond of the
                                              petitioner.
                                                         (ii) The petitioner shall appear in
                                              the trial regularly either personally or
                                              through his lawyer and shall cooperate in
                                              the trial and non-cooperation in the trial
                                              shall result in cancellation of the bail bond
                                              of the petitioner.
                                                         (iii). One of the bailors will be the
                                              wife of the petitioner.
                                                        (iv). The petitioner shall surrender
                                              his passport, if any, issued to him.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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