Patna High Court
Ankush KumarversusThe State of Bihar, through Vigilance Investigation Bureau, Patna
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Ankush Kumar applied for bail in a case registered under sections of the Bihar Narcotic Substances (B.N.S.) Act, 2023 and the Prevention of Corruption Act, alleging his involvement in a scheme where cash was collected to facilitate candidates passing medical re‑examinations. The prosecution alleged that cash amounting to several lakhs was recovered from a trolley bag kept in the petitioner’s room, linking him to the conspiracy. The petitioner’s counsel argued that the primary accusation was against Niranjan Kumar and Aditya Kumar, that the confessional statement of Niranjan Kumar did not implicate the petitioner, and that co‑accused had already been granted bail. The court, after hearing both sides, found the evidence insufficient to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties. The bail was granted subject to compliance with the conditions set by the Special Judge, Vigilance‑I, Patna.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of cash from his premises in a case involving offences under the B.N.S. Act and the Prevention of Corruption Act.
- Whether the confessional statement of a co‑accused implicates the petitioner in the alleged conspiracy.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 308(2), 316(5), 318(4), 61(2)
- Prevention of Corruption Act — s. 7/13, 7(a)
Subjects
- bail
- corruption
- medical exam fraud
- Prevention of Corruption Act
- B.N.S. Act
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80030 of 2025
Arising Out of PS. Case No.-278 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Ankush Kumar Son of Pankaj Kumar Singh @ Pankaj Singh R/o Village -
Siyur, P.S.- Roh, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar, through Vigilance Investigation Bureau, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhukar Anand
For the Vigilance : Mr. Rana Vikram Singh
For the Opposite Party/s : Mr. Arvind Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 16-01-2026 Heard Mr. Madhukar Anand, learned counsel for the
petitioner; Mr. Rana Vikram Singh, learned counsel for the
vigilance and Mr. Arvind Kumar, learned APP for the State.
2. The petitioner has prayed for bail in connection with
Muffasil (Buxar) P.S. Case No. 278 of 2025 registered for the
offence punishable under Sections 308(2), 316(5), 318(4), 61(2)
of the B.N.S., 2023 and Sections 7(a), 7/13 of the Prevention of
Corruption Act.
3. The case of the prosecution in short is that the police
had information that a newly appointed Sepoy, namely, Niranjan
Kumar is collecting cash for getting the candidates passed in
medical. When the team reached there, they inquired from
Niranjan Kumar regarding the occurrence. Niranjan Kumar
disclosed that Aditya Kumar has called him on 10.07.2025 in
Patna High Court CR. MISC. No.80030 of 2025(3) dt.16-01-2026
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evening and told that those who have to face re-medical
examination, they will have to pay Rs. 10,000/- each if they have
to pass the same. The calls were made through whatsapp. Niranjan
Kumar further disclosed that he has collected Rs. 10,000/- from
per candidate and has collected Rs. 3,50,000/- which was given to
Ankush Kumar for keeping and rest amount he has received on
his Airtel payment bank through pay phone. He has received Rs.
65,000/- on Airtel payment bank pay phone and on S.B.I. pay
phone numbers he has received Rs. 65,000/- also. One Anuj
Kumar has also received Rs. 30,000/- on his pay phone.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. From perusal
of the FIR, it will transpire that the main thrust of the allegation is
against Niranjan Kumar and Aditya Kumar. In this case, Niranjan
Kumar has given his confessional statement and in the
confessional statement, in the last part, he has stated that he has
handed over the trolley bag containing the cash, which was kept
by the petitioner in his room. He has not stated any role of this
petitioner in the conspiracy or that the petitioner had no
knowledge as to how the cash was collected. He further submits
that the co-accused, namely Aditya Kumar Sharma and Niranjan
Kumar, have been granted bail by the coordinate bench as well as
Patna High Court CR. MISC. No.80030 of 2025(3) dt.16-01-2026
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from this court passed in Cr. Misc. Nos. 83093 of 2025 and 87507
of 2025, respectively. He also submits that in this case, a charge
sheet has been submitted, and all the witnesses are police
personnel, as such, there is no chance of tampering of evidence.
He further submits that a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 13.07.2025.
5. Learned APP appearing for the State and learned
counsel for the vigilance have vehemently opposed the application
for bail and submits that the entire cash was recovered from a
trolley bag kept in the room of this petitioner.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge, Vigilance-I, Patna in connection with Muffasil (Buxar) P.S.
Case No. 278 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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