Patna High Court
Anuj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Anuj Kumar was arrested in a case involving alleged collection of money to facilitate candidates passing medical re‑examinations. The prosecution alleged that a newly appointed Sepoy, Niranjan Kumar, collected Rs 3,50,000 from candidates, distributed part to Ankush Kumar and received amounts via payment‑bank phones, including Rs 30,000 allegedly received by Anuj Kumar. The petitioner claimed innocence, arguing that the main accusation was against Niranjan and Aditya Kumar, and that he had no role in the conspiracy. He also highlighted that the co‑accused had already been granted bail and that the charge sheet relied solely on police witnesses. After hearing both sides, the court found no sufficient ground to deny bail and ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the B.N.S., 2023 and the Prevention of Corruption Act.
- Whether the evidence presented by the prosecution establishes a prima facie case against the petitioner.
- Whether the prior grant of bail to co‑accused influences the bail decision for the petitioner.
Legislation cited
- B.N.S., 2023 — s. 308(2), 316(5), 318(4), 61(2)
- Prevention of Corruption Act — s. 7/13, 7(a)
Subjects
- bail
- corruption
- medical examination bribery
- B.N.S. 2023
- Prevention of Corruption Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2721 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Anuj Kumar Son of Sahdeo Prasad @ Sahdev Prasad Yadav Resident of
Village- Dera, P.S.- Thali, District- Nawada,
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Deptt. of Vigilance through its Director General Bihar, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Muffasil (Buxar) P.S. Case No. 278 of 2025 registered for the
offence punishable under Sections 308(2), 316(5), 318(4), 61(2)
of the B.N.S., 2023 and Sections 7(a), 7/13 of the Prevention of
Corruption Act.
3. The case of the prosecution in short is that the police
had information that a newly appointed Sepoy, namely, Niranjan
Kumar is collecting cash for getting the candidates passed in
medical. When the team reached there, they inquired from
Niranjan Kumar regarding the occurrence. Niranjan Kumar
disclosed that Aditya Kumar has called him on 10.07.2025 in
Patna High Court CR. MISC. No.2721 of 2026(2) dt.05-02-2026
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evening and told that those who have to face re-medical
examination, they will have to pay Rs. 10,000/- each if they have
to pass the same. The calls were made through whatsapp. Niranjan
Kumar further disclosed that he has collected Rs. 10,000/- from
per candidate and has collected Rs. 3,50,000/- which was given to
Ankush Kumar for keeping and rest amount he has received on
his Airtel payment bank through pay phone. He has received Rs.
65,000/- on Airtel payment bank pay phone and on S.B.I. pay
phone numbers he has received Rs. 65,000/- also. One Anuj
Kumar has also received Rs. 30,000/- on his pay phone.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. From perusal
of the FIR, it will transpire that the main thrust of the allegation is
against Niranjan Kumar and Aditya Kumar. Only allegation
against the petitioner is that he has received Rs.30,000/-. In this
case, Niranjan Kumar has given his confessional statement. He
has not stated any role of this petitioner in the conspiracy or that
the petitioner had no knowledge as to how the cash was collected.
He further submits that the co-accused, namely Aditya Kumar
Sharma and Niranjan Kumar, have been granted bail by the Co-
ordinate Bench as well as from this Court passed in Cr. Misc. Nos.
83093 of 2025 and 87507 of 2025, respectively. He also submits
Patna High Court CR. MISC. No.2721 of 2026(2) dt.05-02-2026
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that in this case, a charge sheet has been submitted, and all the
witnesses are police personnel, as such, there is no chance of
tampering of evidence. He further submits that a statement has
been made in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
13.07.2025.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge, Vigilance, Patna in connection with Muffasil (Buxar) P.S.
Case No. 278 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
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