Patna High Court
Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, Avinash Kumar and Vinod Kumar Yadav, sought anticipatory bail fearing arrest in a case alleging offences under IPC sections 419, 420, 467, 468, 471, 120B and the Bihar Conduct of Examination Act sections 3 to 6, relating to the alleged leaking of diploma trainee examination question papers. The prosecution’s case relied primarily on secret information and a confessional statement of co‑accused Nitish Kumar, with no incriminating material recovered from the petitioners. The petitioners contended they were innocent, had clean antecedents, and were implicated solely on the co‑accused’s confession. The State opposed the grant of anticipatory bail. The Court, noting the general and omnibus nature of the accusation, the lack of direct evidence against the petitioners, and the precedent of anticipatory bail granted to a co‑accused, allowed the petitioners’ prayer for anticipatory bail subject to a bail bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the absence of material evidence beyond a co‑accused’s confessional statement.
Legislation cited
- Bihar Conduct of Examination Act — s. 3, 4, 5, 6
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 120B, 419, 420, 467, 468, 471
Subjects
- anticipatory bail
- leaked examination papers
- confessional statement
- clean antecedents
- IPC offences
- Bihar Conduct of Examination Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43696 of 2026
Arising Out of PS. Case No.-303 Year-2017 Thana- HAJIPUR SADAR District- Vaishali
======================================================
1. Avinash Kumar Son of Anup Kumar Resident of Village - Tilora @ Tilori,
P.S.- Wazir Ganj, District- Gaya.
2. Vinod Kumar Yadav Son of Janardan Prasad Yadav Resident of Village-
Kharwa Tola, P.S.- Kahalgaon, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Ashok Kumar, Advocate
For the State : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 419, 420,
467, 468, 471 and 120B of the Indian Penal Code and Sections
3, 4, 5 and 6 of the Bihar Conduct of Examination Act.
3. As per prosecution case, on the basis of secret
information, police apprehended three accused persons
possessing leaked question papers of Diploma Trainee
Examination. During interrogation, they disclosed the name of
several candidates who received leaked question papers. The
seized question papers were found to be substantially matching
Patna High Court CR. MISC. No.43696 of 2026(2) dt.08-07-2026
2/3
with the original papers and thus, all the F.I.R. named accused
persons, including these petitioners, are involved in leaking of
question paper.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely on the basis of confessional
statement of co-accused Nitish Kumar. Save and except
confessional statement there is no material on record to show
the complicity of these petitioners in the alleged offence. No
incriminating article has been recovered from possession of
these petitioners. Co-accused Suryakant Kumar, having similar
and identical allegations, has already been granted privilege of
anticipatory bail by a Co-ordinate Bench of this Hon’ble Court
vide order dated 02.07.2026 passed in Cr. Misc. No. 41990 of
2026. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the petitioners, the prayer for
Patna High Court CR. MISC. No.43696 of 2026(2) dt.08-07-2026
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grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate
First Class, Vaishali at Hajipur in connection with Hajipur Sadar
P.S. Case No. 303 of 2017, subject to condition as laid down
under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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