Shubham Bharti And ANR v. The State Of Bihar Through The Economic Offence Unit, Bihar At Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47707 of 2015 Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Shubham Bharti. son of Sri Navin Kumar Mandal, resident of village - Chakala Maulanagar, P.S. - Falka, District - Katihar.
2. Anoj Kumar, son of Sri Ramashray Rajak, resident of village - Katahari, P.S. - Asthawan, District - Nalanda.
.... .... Petitioners
Versus
The State of Bihar through the Economic offence Unit, Bihar at Patna. .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.48699 of 2015 Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Rajesh Pandit, son of Ram Narayn Pandit, resident of Chandaur, P.S.- Sour Bazar, Distt- Saharsa.
.... .... Petitioner
Versus
The State of Bihar through Economic Offence Unit Bihar, Patna ....... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.47707 of 2015) For the Petitioner/s : Mr. Bindeshwar Kumar, Advocate For the Opposite Party/s : Mr. Mr. Vishwanath Pd. Sinha, Sr. Advocate Mrs. Soni Srivastava, Advocate (In Cr.Misc. No.48699 of 2015) For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s : Mr. V.N.P.Sinha, Sr. Advocate Mrs. Soni Srivastava, Advocate ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-11-2015 These two applications are filed on behalf of the
Patna High Court Cr.Misc. No.47707 of 2015 (2) dt.09-11-2015 2/3 petitioners for grant of regular bail who are accused in connection with Economic Offences PS Case No. 23 of 2012, for the alleged offences punishable under sections 420, 468, 472 and 120B of the Indian Penal Code.
As per the prosecution case, under some conspiracy OMR answer-sheets of a competitive examination held by Bihar Staff Selection Commission, for appointment to the post of Junior Engineer were tampered with, in an organized manner. In course of investigation, from the rented house of one Ranjeet Kumar Rajak, said to be the main conspirator, the original certificates of the petitioners and carbon copies of the OMR sheets were recovered.
Learned counsel for the petitioners submits that over and above this fact, there is no material to connect them with the offences. He further submits that the said Ranjeet Kumar Rajak has been granted bail by this Court by order dated 11.4.2014 passed in Cr. Misc. No. 18696 of 2013. He has further submitted that other similarly circumstanced co-accused persons have also been granted bail.
The fact that the similarly situated persons have been granted bail could not be disputed by learned senior counsel appearing on behalf of the Economic Offences Bureau. In view of the submissions made on behalf of the petitioners as noted above, these two applications are allowed. Let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna in GR Case No. 6265 of 2012 arising out of Economic Offence PS Case No. 23 of 2012.
Patna High Court Cr.Misc. No.47707 of 2015 (2) dt.09-11-2015 3/3 This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) mrl U T