Ashwani Kumar @ Babloo Released After Nearly a Year in Custody; Court Cites Lack of Direct Evidence
In a significant development, the Patna High Court has granted bail to Ashwani Kumar @ Babloo @ Babloo Bhumihar, an accused in the notorious NEET question paper leak scam. The decision came on July 13, 2026, with Justice Ashok Kumar Pandey presiding over the hearing.
Ashwani Kumar had been in judicial custody since September 11, 2025, on charges related to various sections of the Indian Penal Code (IPC), including Sections 406 (criminal breach of trust), 420 (cheating), 414 (assisting in concealment of stolen property), 467 (forgery of valuable security), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), and 120(B) (criminal conspiracy), as well as Section 66(c) of the Information Technology Act.
The case arose when police intercepted a van on suspicion and discovered documents, cell phones, and other equipment, allegedly part of the NEET question paper leak operation. During the investigation, Ashwani Kumar's name surfaced through the confessional statement of a co-accused, Shashi Kumar @ Kundan Kumar. However, there was no direct evidence against Ashwani Kumar, which his counsel, Mr. Rabindra Prasad Singh, emphasized during the bail application hearing.
Mr. Singh argued that Ashwani Kumar's name did not appear in the initial FIR and that his client was being implicated solely based on the confessional statement of a co-accused. The defense also highlighted that other co-accused individuals in similar situations, such as Sanjay Yadav and Avinash Chandra Dubey, had already been granted bail.
The prosecution, represented by Mrs. Rina Sinha, Assistant Public Prosecutor, opposed the bail application, pointing to Ashwani Kumar's criminal antecedents in two other cases. Despite this, the court found merit in the arguments presented by the defense regarding the lack of direct evidence and the principle of parity with co-accused who had been granted bail.
Justice Pandey, after considering all aspects and the prolonged judicial custody of Ashwani Kumar, decided to grant bail, setting the bail bond at Rs. 10,000 with two sureties of the same amount. The decision was made with the condition that the bail conditions set by the Additional Chief Judicial Magistrate-IX-cum-Sub-Judge, Patna, in connection with Patrakar Nagar P.S. Case No. 224 of 2017, are met.
This ruling marks a pivotal moment in the ongoing case, bringing attention to the complexities involved in handling cases where evidence is primarily based on co-accused statements. The decision also underscores the judiciary's commitment to balancing the scales of justice, particularly in cases where the accused have spent substantial time in custody without direct evidence against them.
Bottom line:-
Bail granted to petitioner accused in NEET question paper leak scam case, considering his judicial custody since 11.09.2025, absence of direct evidence except co-accused's confessional statement, and parity with similarly situated co-accused already granted bail.
Statutory provision(s): 406, 420, 414, 467, 468, 471, 120(B) of the Indian Penal Code, Section 66(c) of the Information Technology Act.
Ashwani Kumar @ Babloo @ Babloo Bhumihar v. State of Bihar, (Patna) : Law Finder Doc id # 2942474
