Patna High Court
Rajkishore kumar @ Rajkishor kumar @ RajkishoreversusThe State of Bihar through EOU
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted to the petitioner.
Summary
The petitioner, Rajkishore Kumar, was arrested for alleged involvement in an organised gang that leaked confidential examination papers of the Central Selection Board constable recruitment and extorted money from candidates. The prosecution presented recovered admit cards, WhatsApp chats, and a self‑inculpatory statement of a co‑accused linking the petitioner to the illegal disclosure and financial transactions. The petitioner claimed innocence, arguing that the admit cards were not those of successful candidates and that there was no direct transaction with the complainant. The court considered the seriousness of the offences under sections of the B.N.S and the IT Act, and cited the Supreme Court’s decision in State of Rajasthan v. Indraj Singh emphasizing the need to protect the sanctity of public examinations. Relying on the material evidence and the potential impact on public trust, the court refused bail, dismissing the application while noting the observations were prima facie and not a determination on the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged leakage of examination papers and extortion under the B.N.S and IT Act.
Legislation cited
- B.N.S. — s. 318(4), 336(3), 338, 3(5), 61(2)
- Information Technology Act, 2000 — s. 66
Subjects
- bail
- organized crime
- exam paper leakage
- extortion
- Information Technology Act
- public recruitment
- sanctity of examination
- economic offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5358 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- ECONOMIC OFFENCES, BIHAR
District- Patna
======================================================
Rajkishore kumar @ Rajkishor kumar @ Rajkishore Son of Sitaram Sah @
sitaram Saw Resident Of Village- Bakhtari, Ps- Karpi, Dist- Arwal
... ... Petitioner
Versus
The State of Bihar through EOU Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.V.M.P. Sinha, Advocate
Mr. Vijay Anand, Advocate
For the State : Mr. Jharkhandi Upadhaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 27-04-2026 Heard learned Counsel for the petitioner, the learned
Counsel for the E.O.U and the learned APP for the State.
2. The petitioner seeks bail in connection with
E.O.U P.S. Case No. 28 of 2025, registered for the offence
punishable under section 318(4), 338, 336(3), 61(2) read with
section 3(5) of the B.N.S and section 66 of the IT Act, 2000.
3. The prosecution case, in brief, is that on the
basis of information gathered during investigation of E.O.U P.S.
Case No. 16 of 2023, the Economic Offences Unit, Bihar,
unearthed the activities of an organised gang allegedly engaged in
illegally procuring and misusing confidential examination details of
the Central Selection Board of Constable Recruitment and
extorting money from candidates on the false promise of securing
their selection in the constable recruitment examination under
Advertisement No. 01 of 2025. It is alleged that petitioner
Patna High Court CR. MISC. No.5358 of 2026(6) dt.27-04-2026
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Rajkishore Kumar, had made a self-inculpatory statement, based on
which about 80 admit cards of candidates were recovered from his
possession, several of which bore booklet numbers and details of
the first and last questions, along with a separate list containing roll
numbers, booklet numbers, home districts, examination centres,
dates of birth, reservation categories and media particulars of
candidates. Further it is alleged that a candidate, namely, Amit
Kumar had stated that, on the introduction of his friend one Antu
Saxena, he came in contact with one Vishal Kumar, who had
demanded Rs. 14,00,000/- for arranging his appointment and had
even taken an advance of Rs. 2,50,000/-, he had further stated that
in the earlier 2023 examination also he had been added to a
WhatsApp group wherein he was supplied answers even before the
examination, but after cancellation of that examination, refund was
refused on the ground that the money had already been passed on
to the present petitioner who was described as a ‘senior’. The
aforesaid candidate Amit Kumar further alleged that for
Advertisement No. 01 of 2025 also, Rs. 2,50,000/- was again paid
in cash in Patna and his admit card details including the question
particulars were obtained after the examination, and subsequently,
only Rs. 65,000 was later returned through aforesaid Antu Saxena.
4. The learned Counsel for the petitioner at the
Patna High Court CR. MISC. No.5358 of 2026(6) dt.27-04-2026
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outset submits that the present petitioner is innocent and has falsely
been implicated in the case based on his confessional statement in
another case. It is emphasised by the learned counsel for the
petitioner that the admit cards allegedly recovered from the
possession of the petitioner are not those of the successful
candidates and therefore the case of the prosecution falls on that
score itself. The learned counsel has next submitted that there is no
transaction between the candidate named in the FIR and the present
petitioner. The petitioner is in custody since 04.11.2025 and has
earlier been made accused in E.O.U P.S. Case No. 16 of 2023
registered under sections 318(4), 338, 336(3), 61(2) read with
section 3(5) of the B.N.S and Arwal P.S. Case No. 504 of 2023.
5. Learned counsel for the E.O.U and the APP for
the State have vehemently opposed the prayer for bail of the
petitioner. The learned counsel for the E.O.U has submitted that the
petitioner is one of the main accused of the gang headed by one
Sanjeev Mukhiya, who is involved in leaking question papers and
duping gullible and desperate candidates. It is also submitted by the
learned counsel for the E.O.U. that several admit cards have been
recovered from the possession of the petitioner and the WhatsApp
chat of the petitioner with different candidates support the fact that
the petitioner was involved in unauthorised disclosure of
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confidential examination material and question paper leakage in the
constable recruitment. The learned counsel for the E.O.U has next
submitted that the petitioner was found using the SIM card in the
name of his wife for the said purpose. It is the categorical
submission of the learned counsel for the E.O.U that the role of the
present petitioner is fortified by the fact that the money which has
come in the bank accounts of co-accused Vishal and Antu, have
stated that some part of that amount was also transferred to the
present petitioner.
6. I have heard the submissions of the parties and
perused the materials available on record including the case diary
of the present case.
7. The petitioner is accused of being a member of
an organised gang engaged in leakage of question papers and
duping gullible candidates.
8. The Hon’ble Supreme Court in the case of State
of Rajasthan v. Indraj Singh, 2025 SCC OnLine SC 518, while
cancelling the bail granted by the High Court had observed that
compromising the sanctity of a public recruitment examination
undermines public faith. The observations of the Hon’ble Supreme
Court in the aforesaid case are as under:-
10. In India, the reality is that there are far more takers
of Government jobs than there are jobs available.
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Be that as it may, each job which has a clearly
delineated entry process - with prescribed
examination and/or interview process, has only to
be filled in accordance thereof. Absolute
scrupulousness in the process being followed
instills and further rejuvenates the faith of the
public in the fact that those who are truly deserving
of the positions, are the ones who have deservedly
been installed to such positions. Each act, such as
the one allegedly committed by the respondents
represent possible chinks in the faith of the people
in the public administration and the executive.
11. Since surely there must have been thousands of
people who appeared for the exam, and the
respondent-accused persons, for their own benefit,
tried to compromise the sanctity of the exam,
possibly affecting so many of those who would
have put in earnest effort to appear in the exam in
the hopes of securing a job, we concur with the
view of the Trial Court that they are not entitled to
the benefit of bail. At the same time, it is also true
that every person has a presumption of innocence
working in their favour till and such time the
offence they are charged with, stands proved
beyond reasonable doubt. Let them stand trial, and
let it be established by the process of law, that the
respondent - accused have indeed not committed
any crime in law. (emphasis supplied)
9. Considering the self-inculpatory statement of
the co-accused and the fact that a huge number of admit cards of
candidates have been recovered from the possession of the
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petitioner, together with the WhatsApp chats and the materials that
have come to connect the petitioner with the unauthorised
disclosure of confidential examination material and question paper
leakage, I am not inclined to grant bail to the petitioner.
10. Accordingly, this application is dismissed.
11. It is however, made clear that, any observation
made herein is prima facie in nature, limited solely for the purpose
of the present bail application and shall have no bearing on the
trial. This Court has not expressed any opinion on the merits of the
case.
12. Pending Interlocutory Applications, if any, shall
stand disposed of.
(Sandeep Kumar, J)
sanjeev/-
U T
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