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Patna High Court

Akhilesh Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to both petitioners, subject to a Rs.10,000 bond with two sureties and a Rs.54,000 deposit by Navneet Kumar in two installments.

Summary

The petitioners, Akhilesh Kumar Chaudhary and Navneet Kumar, were arrested in connection with a case registered under Sections 138(4), 303(2), 338, 336(3) and 340(2) of the B.N.S. for alleged cheating in recruitment interviews. Akhilesh claimed he was merely conducting interviews for a private education firm and had no criminal antecedent, while Navneet, the owner of the firm, admitted receiving fees from candidates and offered to deposit the amount collected. The State argued that Navneet was the principal offender and that the money received (Rs. 54,000) should be accounted for. The court examined the factual matrix, the lack of prior criminal record of Akhilesh, and Navneet’s willingness to pay the sum, and decided to grant bail to both petitioners. Each was required to furnish a bail bond of Rs. 10,000 with two sureties, and Navneet was ordered to deposit Rs. 54,000 in two installments.

Issues considered

  • Whether bail should be granted to the accused under Sections 138(4), 303(2), 338, 336(3) and 340(2) of the B.N.S.
  • Whether the amount received by the accused warrants a condition of monetary deposit as part of bail

Legislation cited

  • B.N.S. — s. 138(4), 303(2), 336(3), 338, 340(2)

Subjects

  • bail
  • criminal procedure
  • Sections 138, 303, 336, 338, 340
  • B.N.S.
  • judicial custody
  • surety

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.18741 of 2026
                     Arising Out of PS. Case No.-1028 Year-2025 Thana- JAKKANPUR District- Patna
                 ======================================================
                 Akhilesh Kumar Chaudhary, S/O Amresh Chaudhary, Resident of Koshi
                 Colony, Supaul, P.S. and District- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 20569 of 2026
                     Arising Out of PS. Case No.-1028 Year-2025 Thana- JAKKANPUR District- Patna
                 ======================================================
                 Navneet Kumar, S/o Arun Sah, Resident of Village- Panchlakh, Ward No. 06,
                 P.S.- Basnahi, District- Saharsa. At present residing at East of RPM College,
                 Gamhariya, Madhepura, P.S.- Bharahi OP., District- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 18741 of 2026)
                 For the Petitioner/s     : Mr. Upendra Prasad, Advocate
                                            Mr. Rajiv Ranjan, Advocate
                 For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP
                 (In CRIMINAL MISCELLANEOUS No. 20569 of 2026)
                 For the Petitioner/s     : Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s : Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   26-03-2026                 Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners have prayed for bail in connection

                   with Jakkanpur P.S. Case No. 1028 2025 registered for the

                   offence punishable under Sections 138(4), 303(2), 338, 336(3)

                   and 340(2) of B.N.S..
Patna High Court CR. MISC. No.18741 of 2026(2) dt.26-03-2026
                                            2/3




                       3. The case of the prosecution, in short, is that petitioner

          Akhilesh Kumar Choudhary was apprehended while he was

          conducting interview for the prospective candidates to be recruited

          in Patna Metro.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have been falsely implicated in this

          case. Learned counsel for the petitioner Akhilesh Kumar

          Chaudhary has submitted that the petitioner was engaged by one

          Urmila Education and Services Pvt. Ltd. and was paid Rs. 1,000/-

          for his services. He has got no relation regarding the employment

          or cheating of anybody. He has also not given any advertisement

          on any social media. As far as the petitioner Navneet Kumar is

          concerned, learned counsel has submitted that he is the owner of

          the said Education Center and that he has received the amount as

          alleged specifically Rs.1187/- per candidate and that he is ready to

          deposit the same as directed by the Hon’ble Court. Petitioner

          Akhilesh Kumar is having no criminal antecedent whereas

          petitioner Navneet Kumar is having criminal antecedent of one

          case. They are languishing in judicial custody since 29.12.2025.

                       5. Learned APP appearing for the State has also stated

          that in this case, the role of petitioner Akhilesh Kumar Chaudhary

          is only that of conducting interview for that he was paid Rs.
             Patna High Court CR. MISC. No.18741 of 2026(2) dt.26-03-2026
                                                         3/3




                       1,000/- and he was engaged by petitioner Navneet Kumar. Main

                       role is that of Navneet Kumar and he is ready to pay the entire sum

                       which he has received in his account i.e. Rs. 54,000/-.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge both the petitioners on bail. The above named

                       petitioners are directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                       sureties of the like amount each to the satisfaction of the learned

                       Chief Judicial Magistrate, Patna in connection with Jakkanpur P.S.

                       Case No.1028 of 2025.

                                    7. However, petitioner Navneet Kumar will have to

                       deposit the sum of Rs. 54,000/- in two equal installments. First

                       installment will be deposited prior to filing of the bail bonds

                       and second installment within a period of one month after

                       releasing from the custody in the account of Nazarat of

                       concerned Court which may be withdrawn by the candidates.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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