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Patna High Court

Chandan @ Chandan Kumar @ Chandan Kumar Gupta @ Chandan Sah @ Chandan Sir @ Chandan SawversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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