Patna High Court
ASHWANI KUMAR @ BABLU BHUMIHAR @ BABLUversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 120B, 406, 420, 467, 468, 471
- Information Technology Act — s. 66C
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
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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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