Patna High Court
Bunty KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to all petitioners upon the condition of furnishing a Rs.10,000 bond with two sureties each.
Summary
Four individuals employed at Aang Institute were arrested during a police search for a suspect named Karan Singh and charged under multiple sections of the B.N.S., 2023, the Income Tax Act, and the Public Examination Act. The petitioners contended that they were innocent, had no criminal record, and were merely assisting candidates by restarting computer systems, with no incriminating material found on them. The prosecution argued that the petitioners were implicated in the offences, while the defence highlighted the lack of specific evidence and the general nature of the allegations. After hearing both sides, the Court found the petitioners' claims credible and deemed the case suitable for bail. Consequently, the Court ordered that each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Judicial Magistrate, 1st Class, Bhagalpur.
Issues considered
- Whether the petitioners are entitled to bail despite the serious charges under the B.N.S., Income Tax Act and Public Examination Act.
- Whether the allegations against the petitioners are specific enough to justify continued detention.
- Whether the petitioners pose a flight risk or risk of tampering with evidence.
Legislation cited
- B.N.S., 2023 — s. 111, 318(4), 319(2), 336(3), 338, 340(2), 61(2)
- Income Tax Act — s. 65, 66C, 66D
- Public Examination Act — s. 10, 11, 9
Subjects
- bail
- criminal procedure
- false implication
- B.N.S. 2023
- Income Tax Act
- Public Examination Act
- police search
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31629 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- HABIBPUR District- Bhagalpur
======================================================
1. Bunty Kumar son of Panchanand singh Resident of village- Bhadoura, ps-
Samapur, Dist- Munger
2. Gautam Kumar Son of Vijay Singh Resident of village- Kripaganj, Ps- Bain,
Dist- Nalanda
3. Shivam Kumar @ Bhusan Son of Ukdev Yadav Resident of village-
Sahebganj Neel Kothi, Ward no. 10, Ps- Lamatiya, Dist- Bhagalpur
4. Nitish Kumar Son of Devanand Singh Resident of village- Bhadoura, Ps-
Samapur, Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Sr. Advocate.
Mr. Mudit Meet, Advocate.
Mr. Purushottam Kumar, Advocate.
Ms. Kajal, Advocate.
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Habibpur P.S. Case No. 223 of 2025 registered for the
offence punishable under Sections 318(4), 319(2), 338, 336(3),
340(2), 61(2), 111 of the B.N.S., 2023, Sections 65, 66C, 66D of
the I.T. Act and Sections 9, 10 and 11 of the Public Examination
Act.
3. The case of the prosecution, in short, is that the
Patna High Court CR. MISC. No.31629 of 2026(2) dt.12-05-2026
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petitioners, who were working at Aang Institute, were
apprehended by the police when the police had arrived there in
search of one Karan Singh.
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. He further submits that, from perusal of the FIR, it
transpires that the petitioners are merely employees of Aang
Institute, which is being run by one Sumit. It is further evident
from the FIR that incriminating articles were recovered from the
possession of Sumit. Learned counsel submits that the only
allegation against the petitioners is that, while working at Aang
Institute, they assisted prospective candidates by restarting their
computer systems. It is further submitted that the nature of the
allegations is general and omnibus. No incriminating article has
been recovered from the possession of the petitioners. Moreover,
a statement has been made in para 3 of the petition that
petitioners have no criminal antecedent and they are languishing
in judicial custody since 26.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.31629 of 2026(2) dt.12-05-2026
3/3
considering the facts and circumstances of the case, this Court is
inclined to enlarge 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
Judicial Magistrate, 1st Class, Bhagalpur in connection with
Habibpur P.S. Case No. 223 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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