Patna High Court
Chandan @ Chandan Kumar @ Chandan Kumar Gupta @ Chandan Sah @ Chandan Sir @ Chandan SawversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Chandan Kumar, was implicated in a 2017 case alleging the leaking of a medical entrance examination question paper, charged under several IPC sections (406, 420, 467, 468, 471, 120B) and Section 66(C) of the IT Act. Although he was not apprehended at the scene, his name appeared in the statements of co‑accused who were arrested. The petitioner, who has five prior criminal cases, sought regular bail, arguing innocence and that other co‑accused had already been granted bail. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s criminal antecedents. After hearing both sides, the Court considered the petitioner’s right to liberty, the precedent of bail being granted to similarly situated co‑accused, and the conditions that could mitigate flight risk. The Court consequently ordered the petitioner’s release on bail subject to strict conditions, including personal sureties, regular court attendance, and weekly police verification.
Issues considered
- The petitioner is entitled to regular bail despite the gravity of the offences and his prior criminal record.
Legislation cited
- Indian Penal Code — s. 120B, 406, 420, 467, 468, 471
- Information Technology Act — s. 66(C)
Subjects
- regular bail
- criminal antecedents
- question paper leak
- IPC
- IT Act
- bail conditions
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22123 of 2026
Arising Out of PS. Case No.-244 Year-2017 Thana- PATRAKARNAGAR District- Patna
======================================================
Chandan @ Chandan Kumar @ Chandan Kumar Gupta @ Chandan Sah @
Chandan Sir @ Chandan Saw Son of Bhola Prasad R/o Village - Budhauli
Shekhpura, Shekhpura, District- Shekhpura. At present Lalit Niketan Colony,
Kali Mandir Road, P.S.- Patrakarnagar, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivesh Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 03-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 406, 420,
467, 468, 471 and 120B of the Indian Penal Code and Section
66(C) of the I.T. Act.
3. The case of the prosecution is that the police had
information that some boys have gathered in Lohia Park and
they were indulge in leaking the medical entrance examination
question paper. On this input, police reached there and seeing
the police, accused persons started fleeing away from there.
Eight accused persons were apprehended. The petitioner was not
apprehended his name has surfaced in this case on the statement
Patna High Court CR. MISC. No.22123 of 2026(3) dt.03-07-2026
2/3
of the co-accused persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He also
submits that the present case is of the year 2017. The petitioner
has been framed in this case only on the basis that his name is
Chandan. He further submits that there is no parentage given in
the statement of the co-accused. The petitioner has been framed
in this case, as he has criminal antecedents. Petitioner is having
criminal antecedents of five cases. Learned counsel for the
petitioner has submitted that the name of this petitioner has
surfaced in the statement of apprehended co-accused persons. It
has also been submitted that similarly situated other co-accused
persons namely, Ashwani Kumar @ Bablu Bhumihar and Sanjiv
Kumar @ Sanjiv Guru have already been granted bail by the
learned co-ordinate Bench of this Court as well as from this
Court vide Cr. Misc. Nos. 17420 of 2026 and 12584 of 2026
respectively. Moreover, the petitioner is languishing in judicial
custody since 15.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having four criminal antecedents.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.22123 of 2026(3) dt.03-07-2026
3/3
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail with the conditions
that the petitioner shall cooperate in trial, shall remain
physically present on each and every date fixed by the learned
court below, one of the bailors shall be his near relative and
shall also mark his weekly attendance at Patrakarnagar P.S.
The above named petitioner is directed to be released on bail in
connection with Patrakarnagar P.S. Case No. 244 of 2017 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Sub Judge-X-cum- A.C.J.M., Patna.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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