Chintu @ Baldeo Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10021 of 2025 Arising Out of PS. Case No.-6 Year-2024 Thana- C.B.I CASE District- Patna ====================================================== Chintu @ Baldeo Kumar, (Male), aged about 35 years, Son of Om Prakash Prasad, R/O village- Gulariya Bihga, P.S- Karaipurasurai, Dist- Nalanda. At present: Laxmi Nagar, Chhoti Pahari, P.S. Bypass, District-Patna. ... ... Petitioner
Versus
1.
The State of Bihar 2.
Central Bureau of Investigation, CGO Complex, New Delhi bihar ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Ansul, Sr. Advocate, Mr. Anuj Kumar, Advocate, Mr. Eashita Raj, Advocate, Mr. Sakshi Bhatnagar, Advocate, Mr. Ginni Priya, Advocate, Mr. Aditya Pandey, Advocate and Mr. Aditya Raj Singh, Advocate For the C.B.I.
:
Mr. Avanish Kumar Singh, Advocate, Mr. Sumit Kumar Bobna, Advocate and Mr. Pravin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner, learned senior counsel for the C.B.I. and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with RC No. 22122024E0006-CBI/EO-III/New Delhi, arising out of Shashtri Nagar P.S. Case No. 358 of 2024 dated 05.05.2024 registered for the offences punishable under Sections 407, 408, 409 and 120B of the I.P.C.
3. As per the prosecution case, on 05.05.2024, during
2/7 patrolling, the informant got information from his senior officials that in the NEET Examination, 2024, an organized gang, some students and some examination conducting staffs, in collusion with one another has destroyed the integrity and sanctity of the chain of custody of the question papers and leaked the question papers. He was also informed that some members of the organized gang were moving in a white colour Renault Duster Car around the examination centre. For the verification of the same, on checking, when he intercepted the white Duster Car bearing Registration No. JH01BW0019, and three people who were trying to escape, were caught on the spot who told their names as 1. Sikandar Yadvendu, 2. Akhilesh Kumar and 3. Bittu Kumar.
On searching the car, four xerox copies of Admit Cards of four candidates, namely, Abhishek Kumar, Shivnandan Kumar, Aayush Raj and Anurag Yadav were recovered from the shelf of the front seat and two mobile phones were recovered from the pocket of Sikandar Yadvendu. On interrogation regarding the question papers, he told that some of his students are appearing in the examination at the various centres whose setting were managed by Sanjeev Singh, Rocky and Nitesh and Amit Anand. They had taken some of the students to memorize the answers of the NEET question papers.
3/7 After informing the same to his officials, when he reached DAV Public School, BSEB Colony and verified about Ayush Raj, he came to know that he is in Room No. 18. After the examination got over, on interrogation of Ayush Raj, he told the informant that he was taken to Learn Boys Hostel and Learn Play School, a night before the examination and was handed over the question papers and the answer sheets and was asked to memorize alongwith 20-25 other students. On searching the student, NEET Admit Card, question booklet, Aadhar Card, Pan Card, Passport Photo and Postcard were recovered from his possession. Thereafter, the informant prepared the seizure list and on the basis of his self statement, the present case has been instituted.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. The petitioner is not named in the F.I.R. and his name has surfaced in the present case on the basis of the confessional statement of the coaccused. It is further submitted that the allegation against the petitioner is that he facilitated candidates for the NEET-UG 2024 Examination, arranged logistical support and managed their transportation to Khemnichak in exchange for money in
4/7 collusion with other co-accused individuals. It is further submitted that no incriminating article has been recovered from his possession. There is no allegation of receiving money from any one against the petitioner. There is no specific allegation against the petitioner. There is general and omnibus allegation has been made against the petitioner. He has no concern with the alleged offence. It is submitted that the other co-accused person, namely, Raushan Kumar, has already been granted bail by a Bench of this Court in Cr. Misc. No. 82628 of 2024 vide order dated 07.05.2025. No any question papers and the solved papers have been recovered from the possession of the petitioner and this case is triable by the Magistrate. No any Whatsapp's number is mentioned in the supplementary counter affidavit. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 21.08.2024.
5. Learned counsel for the C.B.I. and learned A.P.P. for the State have vehemently opposed the bail petition of the petitioner. Learned counsel for the C.B.I. has filed counter affidavit dated 07.03.2025 and supplementary counter affidavit dated 05.05.2025. He further refers paragraph no. 3 of the supplementary counter affidavit wherein it has been stated that
5/7 the petitioner had received leaked NEET Exam Question Papers and answers on WhatsApp from unknown number and taken print out and distributed to the candidates at Learn Play School, Khemni Chak, Ramakrishna Nagar, Patna in connivance with other accused persons in the forenoon of date of examination i.e., 05.05.2024, The investigation revealed that Karan Kumar Mehta (P.W.-262) is nephew of Smt. Parvatiya, W/O Late Sachhu Mehta, owner of said under construction building located at Sindur, Hazaribagh. The investigation has revealed that the said under construction building has partially furnished two bed rooms with drawing room, kitchen and mini hall. Karan Kumar Mehta had provided the said under construction house/building to accused persons on payment basis for two days i.e., 4-5th May, 2024.
6. Lastly, learned counsel for the C.B.I. has submitted that in view of the submissions made above, the prayer for bail application of the petitioner may kindly be rejected in the interest of justice and ongoing further investigation under Section 173(8) of the Cr.P.C.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the fact that other similarly situated co-accused persons have been granted bail, the
6/7 petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, CBI-II, Patna in connection with R.C. No. 22122024E0006-CBI/EO-III/New Delhi, arising out of Shastri Nagar P.S. Case No. 358 of 2024 with further conditions:- (I) One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.
(II) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
(III) The petitioner shall not intimidate and/or influence the witnesses by inducement, fraud or promise.
(IV) The petitioner shall not leave the territory of India with out permission of the court and shall hand over the passport, if any,
7/7 to the C.B.I.
8. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T