Patna High Court
Navneet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail should be granted to both petitioners, subject to a bond of Rs. 10,000 each and a stipulated deposit by Navneet Kumar.
Summary
The petitioners, Akhilesh Kumar Chaudhary and Navneet Kumar, filed bail applications in connection with P.S. Case No. 1028 of 2025, which alleged offences under Sections 138(4), 303(2), 338, 336(3) and 340(2) of the B.N.S. The prosecution alleged that Chaudhary was apprehended while conducting interviews for prospective candidates for Patna Metro, and that Navneet Kumar, the owner of an education centre, received Rs. 54,000 from candidates. The petitioners contended that they were falsely implicated; Chaudhary had no criminal antecedent and was merely paid Rs. 1,000 for interview services, while Navneet Kumar claimed the amounts were legitimate fees and offered to deposit the sum as directed. The State argued that Navneet Kumar was the principal offender and should bear the financial liability. After hearing both sides, the Court decided to enlarge both petitioners on bail, requiring a bail bond of Rs. 10,000 with two sureties each, and ordered Navneet Kumar to deposit Rs. 54,000 in two installments. The order reflects the Court’s assessment that the bail conditions are sufficient to ensure the petitioners’ appearance and that the allegations do not warrant continued detention.
Issues considered
- What is the appropriateness of granting bail to the accused under Sections 138(4), 303(2), 338, 336(3) and 340(2) of the B.N.S.?
- Whether the petitioners are falsely implicated and thus eligible for bail?
- Whether the financial deposit condition imposed on Navneet Kumar is justified.
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
- false implication
- judicial custody
- financial deposit condition
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/-
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