Patna High Court
Suryakant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond and sureties, on the basis of suspicion, clean antecedent, and parity with a co‑accused who had already received bail.
Summary
The petitioner, Suryakant Kumar, was named in an FIR (Case No. 303 of 2017) for alleged involvement in leaking the NTPC Diploma Trainee Examination question paper, charged under Sections 419, 420, 467, 471, 120(B) of the IPC and Sections 3, 4, 5 & 6 of the Bihar Conduct of Examination Act, 1981. He contended that his name was disclosed only by a co‑accused, Subodh Kumar, and that no incriminating material was found at his residence, emphasizing his clean antecedent. The petitioner argued that, since co‑accused Vikash Kumar had already been granted anticipatory bail by a coordinate bench, he should likewise be granted bail on the principle of judicial parity. The State opposed the bail, maintaining that the allegations, though based on suspicion, were serious. The Court held that the allegations against the petitioner were prima facie based on suspicion and, considering the bail already granted to the co‑accused and the petitioner’s clean record, ordered anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when the allegations are based solely on suspicion and a co‑accused's confession.
- Whether the grant of anticipatory bail to a co‑accused mandates parity in granting bail to the petitioner.
- Whether the petitioner’s clean antecedent and lack of seized material justify bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.) — s. 482(2)
- Bihar Conduct of Examination Act, 1981 — s. 3, 4, 5, 6
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 120(B), 419, 420, 467, 471
Subjects
- anticipatory bail
- question paper leak
- suspicion
- co‑accused parity
- clean antecedent
- Indian Penal Code
- Bihar Conduct of Examination Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41990 of 2026
Arising Out of PS. Case No.-303 Year-2017 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Suryakant Kumar Son of Virendra Kumar @ Birendra Kumar Resident of
Village - Mohan Chak, P.S.- Islampur, District- Nalanda.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Hajipur Sadar P.S.
Case No. 303 of 2017 registered for the offences punishable
under Sections 419, 420, 467, 471, 120(B) of the Indian Penal
Code and Section 3, 4, 5 & 6 of Bihar Conduct of Examination
Act, 1981.
3. As per FIR, petitioner alleged to involve in leaking of
question paper of NTPC Diploma Trainee Examination, which
was scheduled to be conducted by NTPC on 02.07.2017.
4. Learned counsel appearing on behalf of the petitioner
submitted that the thrust of allegation is available against co-
accused Vikash Kumar, Subodh Kumar, Krishna Murari and
Amit Kumar, where Vikash Kumar has already been granted
Patna High Court CR. MISC. No.41990 of 2026(2) dt.02-07-2026
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anticipatory bail by one of the learned coordinate Bench of this
Court through Cr. Misc. No. 13054 of 2022 dated 05.09.2022.
5. In this context, it is submitted by learned counsel that
petitioner was named along with 18-20 persons and his name
was disclosed by apprehended co-accused persons namely,
Subodh Kumar. It is also submitted that the petitioner was the
bonafide candidate of the examination, which was scheduled for
NTPC and no incriminating material was recovered from his
house as to connect him prima facie with present occurrence.
6. It is submitted that merely on the basis of suspicion,
the name of this petitioner was disclosed by the co-accused
person in the present crime in question. It is submitted that as
the main co-accused Vikash Kumar has already been granted
privilege of anticipatory bail, therefore, this petitioner also
deserves anticipatory bail on the ground of judicial parity.
Petitioner claimed clean antecedent.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. In view of the aforesaid factual submissions and by
taking note of the fact as the accusation of petitioner prima facie
appears on the basis of suspicion arising out of confessional
statement of apprehended co-accused, coupled with the fact that
Patna High Court CR. MISC. No.41990 of 2026(2) dt.02-07-2026
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co-accused, who is facing more aggravated allegation, has
already granted anticipatory bail by one of the learned
coordinate Bench of this Court as discussed aforesaid,
accordingly, above-named petitioner, who is a man of clean
antecedent, in the event of his arrest/surrender within a period of
four weeks from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only) with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate - 1st Class, Vaishali at
Hajipur/concerned court in connection with Hajipur Sadar P.S.
Case No. 303 of 2017, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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