Avinash Kumar v. The State Of Bihar
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 VillageKharwa 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 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 3/3 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