Patna High Court
Ashish KumarversusThe Union of India through CBI
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to the stipulated bond and surety conditions.
Summary
Ashish Kumar was accused of hiring a scholar to impersonate him in the NEET examination, an alleged fraud detected during digital verification. Fearing arrest under multiple IPC offences (120B, 109, 419, 420, 467, 468, 471, 474), he applied for bail, asserting his innocence and cooperation with the investigation. The petitioner relied on the Supreme Court’s decision in Satendra Kumar Antil v. CBI for relief. The Court noted the petitioner’s cooperation, the earlier adjournments granted to CBI, and the precedent, and consequently allowed the bail application. Bail was granted on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS, and the petitioner was directed to appear at each trial date.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the CrPC and Section 482 of the BNSS in view of the pending charges under the IPC.
- Whether the Supreme Court’s judgment in Satendra Kumar Antil v. CBI is applicable to the present bail application.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 109, 120B, 419, 420, 467, 468, 471, 474
Subjects
- bail
- NEET examination fraud
- IPC offences
- cooperation with investigation
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78955 of 2025
Arising Out of PS. Case No.-3 Year-2025 Thana- C.B.I CASE District- Patna
======================================================
Ashish Kumar S/O Ved Prakash R/O Near Hanuman mandir Damodarpur,
P.O.- Bishundatpur, P.S. and Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The Union of India through CBI Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar
For the Opposite Party/s : Dr. Krishna Nandan Singh (A.S.G.)
Mr. Sanjay Kumar, Advocate for CBI
For the State : Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Special Case No. 01 of 2025 arising out of R.C.
03 (E), 2025. Later on re-registered by CBI, New Delhi vide
R.C. Case No. 22122025E0003-CBI/EO-III under Section 120
B r/w 109, 419, 420, 467, 468, 471 and 474 of the Indian Penal
Code.
3. As per the prosecution case, the petitioner is
accused of hiring the services of a scholar who was to sit in his
place and appear in the NEET Examination but at the time of
digital verification, the fraud was detected and the scholar could
Patna High Court CR. MISC. No.78955 of 2025(5) dt.10-03-2026
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not appear in the examination.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the
petitioner has co-operated in the investigation and he further
relies upon the judgment of the Hon’ble Supreme Court in the
case of Satendra Kumar Antil Vs. CBI reported as (2022) 10
SCC 51.
5. Learned counsel for the CBI has opposed the
application of the petitioner and he seeks for some time in this
case for taking instruction from the CBI. Learned APP for the
State also opposed the application of the petitioner.
6. Considering the fact that earlier also, the case
was adjourned to enable the learned counsel for the CBI for
seeking instruction in this case, considering the fact that the
petitioner has co-operated in the investigation and in view of the
judgment of the Hon’ble Supreme Court in the case of Satendra
Kumar Antil Vs. CBI (Supra), this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
Patna High Court CR. MISC. No.78955 of 2025(5) dt.10-03-2026
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like amount each to the satisfaction of the learned Special
Judge, CBI II, Patna/concerned Court below in connection with
R.C. Case No. 22122025E0003-CBI/EO-III, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
8. As a condition of this order, the petitioner is
directed to co-operate in the trial by appearing on each and
every date fixed in the trial either personally or through his
lawyer.
(Sandeep Kumar, J)
Vikas/-
U
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