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Patna High Court

Ankush KumarversusThe State of Bihar, through Vigilance Investigation Bureau, Patna

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                       3/3




                     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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