Polluted The Fairness & Integrity Of Examinations: Patna High Court Denies Bail To Alleged Leader Of 'Solver Gang’ Accused In NEET UG 2024 Paper Leak Case

The Court dismissed the Bail Application filed by the third-year MBBS student accused of leaking the solved question papers for the NEET UG exams. The Central Bureau of Investigation (CBI) alleged that the accused was the head of Patna group of the solver gang who arranged ‘dummy candidates’ in return for Rs. 7,19,000 for securing a Government seat.

A Single Bench of Justice Anil Kumar Sinha held, “I am of the considered view that the role of the petitioner and other members of the solver gang is the key role in the commission of the crime and attaining the final object of the crime. Had the leaked question paper been not solved by the academically strong candidate, the offence of this nature would not have been committed, jeopardizing the career and future of thousands of medical aspirants. The activities of solver gangs severely undermine the sanctity and integrity of the examination process.”

Advocate Kunal Tiwary represented the Petitioner, while Advocate Abhimanyu Sharma appeared for the Respondents.

Brief Facts

According to the prosecution, an organized gang had allegedly breached the integrity of the NEET UG examination by leaking the question paper.

The accused’s name surfaced during the second supplementary charge sheet filed by the CBI, which identified him as the head of the Patna-based solver gang. The charge sheet booked the accused under Sections 120-B read with Sections 109, 201, 380, 409, 411, and 420 of the IPC, along with Sections 13(2) read with 13(1)(a) of the Prevention of Corruption Act, 1988 (PC Act).

The prosecution alleged that the petitioner was actively involved in arranging solvers—academically proficient individuals tasked with solving the leaked question papers. Investigation revealed that these solvers were assigned specific subjects and operated from a guest house. The solved answers were subsequently disseminated among select candidates.

Court’s Reasoning

The High Court remarked, “In the context of paper leaks, solver gangs play a significant role in solving the leaked question papers, which is subsequently distributed and disseminated by another gang members. Solver gang provide wrongful gain or wrongful assistance to one or more examinees of such public examination. The insiders of paper leak provide leaked question papers to solver gang and once the leaked question papers are obtained, the solver gang works on solving the question paper.”

The Court noted that the solver gangs consisted of individuals, who were academically strong and capable of providing accurate answers. “After solving the leaked question paper, it is distributed amongst a group of examinees, who are willing to pay for the same. This distribution can happen through various means, including social media platforms, messaging apps, or even in person,” it noted.

“In the present case, the solver gang has operated in an organized manner by adopting corrupt practices in connivance with other members of the gang for monetary and wrongful gains. The petitioner and other members of the solver gang created an unfair advantage for those candidates, who can afford to pay for the answers, while honest candidates were put in disadvantageous condition. The petitioner and others polluted the fairness and integrity of the medical examination, undermining the trust of the candidates in the examination process,” the Bench remarked.

Consequently, the Court held, “The allegation against the petitioner is serious in nature, having deep rooted conspiracy. Accordingly, I am not inclined to grant regular bail to the petitioner keeping in mind the aforesaid discussion, including the nature of accusation and the evidence collected in support thereof.”

Accordingly, the High Court dismissed the Application.

Cause Title: Chandan Singh v. The State of Bihar & Anr. (CRIMINAL MISCELLANEOUS No.79243 of 2024)

Appearance:

Petitioner: Advocate Kunal Tiwary

Respondents: Advocates Abhimanyu Sharma, Avinash Kumar Singh, Ambar Narayan, Barkha and Mukul Kumar Singh

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