Suchindra Kumar @ Suchindra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13475 of 2025 Arising Out of PS. Case No.-6 Year-2024 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Suchindra Kumar @ Suchindra Paswan, S/o Ashok Kumar @ Ashok Kumar Chaudhary, R/o Nawanagar, P.S- Bidupur, Vaishali, Bihar-844503 ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Economic Offence Unit, Patna, Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Rishi Sinha, Advocate For the State :

Mr. Mohammed Arif, APP For the EOU :

Mr. Vishwanath Prasad Sinha, Senior Advocate Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-08-2025 Heard Mr. Rishi Sinha, learned counsel for the petitioner and Mr. Vishwanath Prasad Sinha, learned senior counsel appearing for the Economic Offence Unit.

2. The accused/petitioner seeks bail in connection with Economic Offence Case No.6 of 2024 registered for the offences punishable under Sections 420, 467, 468, 471, 120B read with 34 of the Indian Penal Code (in short 'IPC'), under Sections 3 and 10 of the Bihar Examination Conducting Rules as well as Section 66 of the Information Technolog Act, 2000.

3. The accused/petitioner is not named in the FIR

2/5 and is in custody since 05.08.2024.

4. As per the case of prosecution, the Economic Offence Unit/E.O.U. Bihar received information that some persons involved in leaking the papers of Teachers Recruitment Examination-3 (TRE-3) held on 15.3.2024 by Bihar Public Service Commission. With aforesaid information, number of buses and scorpios were stopped at Rajauli, Nawada, Bihar and it was found that several students have set of question papers and accordingly, the places were raided and vehicles were seized and 250 persons were apprehended thereof. The mobile phone of the petitioner is alleged to have been recovered from the possession of co-accused Bishal Kumar, from which screen shots of whatsapp chats were also found regarding leakage of questions in document files.

5. It is submitted by learned counsel appearing for the petitioner that the name of petitioner transpired after recovery of the mobile from possession of other co-accused namely, Vishal Kumar @ Vishal Kumar Chaurasia. It is submitted that no incriminating materials appears recovered/surfaced from possession of this petitioner. It is

3/5 pointed out that considering the overall nature of accusation, several co-accused persons were granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. Nos.54654 of 2024, 57835 of 2024, 59033 of 2024, 70519 of 2024, 80194 of 2024, 83521 of 2024 and 83919 of 2024 dated 20.01.2025 respectively. It is pointed out that the case of this petitioner is more or less on similar footing and, therefore, as a matter of judicial parity, he deserves bail. It is submitted that the petitioner has got clean antecedent.

6. Mr. Vishwanath Prasad Sinha, learned senior counsel while arguing on behalf of Economic Offence Unit submitted that the petitioner was actively involved in occurrence. However, he fairly conceded that several other co-accused persons, as submitted above, were granted bail by one of the learned co-ordinate Bench of this Court.

7. Taking note of aforesaid factual submissions and by taking note of fact as name of petitioner transpired in this case on the basis of recovery of mobile phone from coaccused Vishal Kumar @ Vishal Kumar Chaurasiya and during investigation prima facie no incriminating material appears

4/5 recovered/surfaced as to connect him with present occurrence, coupled with the fact that similarly situated coaccused persons have already granted bail by one of the learned co-ordinate Bench of this Court, where investigation of this case is already completed and petitioner remains in custody since 05.08.2024, accordingly, the petitioner, abovenamed, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Patna in connection with Economic Offence Unit Case No.

5/5 (iii) That the petitioner shall appear before the concerned police station every fortnight for next one year to mark their attendance;

(iv) That the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) That the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds;

(vi) That if petitioner hold Indian Passport, he shall be duty bound to surrender the same before the learned Trial Court and if required, can prefer petition before the said court itself who will be well placed to decide on it; and (vii) That if petitioner does not own the passport, an affidavit to this effect shall be filed along with the bail bond that the accused/petitioner do not hold any Indian Passport til the bail bond is being filed.

(Chandra Shekhar Jha, J.) Sanjeet/- U T