Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18771 of 2025 Arising Out of PS. Case No.-6 Year-2024 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Ramesh Kumar, Son of Sri Bijendra Paswan, resident of village -Devkali, P.S.- Guraru District- Gaya ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Superintendent of Police Economic Offence Bureau, Patna, Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Baitha, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP For the EOU :

Mr. Vishwanath Prasad Sinha, Senior Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-08-2025 Heard 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 P.S. Case No.6 of 2024 registered for the offences punishable under Sections 420, 467, 468, 471, 120-B read with 34 of the Indian Penal Code (in short 'IPC'), under Sections 3 and 10 of the Bihar Examination Control Act, 1981 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 04.05.2024.

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.

5. It is submitted by learned counsel appearing for the petitioner that the name of petitioner transpired on the basis of confessional statement of co-accused namely, Rahul Paswan @ Rahul during the course of investigation. It is submitted that the petitioner was working as Munshi at Zenith Logisitic at Hanuman Nagar, where said co-accused Rahul Paswan was also working there. It is submitted that neither any incriminating article was recovered nor any material was collected from his conscious possession. It is pointed out that

3/5 considering the overall nature of accusation, several coaccused persons, namely, Gautam Kumar @ Goutam Kumar, Sumant Kumar @ Suman Kumar and Rambhawan Paswan were granted bail by one of the learned co-ordinate Bench of this Court through through Cr. Misc. No.60633 of 2024, 74330 of 2024, 81749 of 2024 dated 21.01.2025 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 claimed 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 during course of investigation on the basis of confessional statement of co-accused Rahul Kumar and during investigation prima

4/5 facie no incriminating material appears recovered/surfaced as to connect him with present occurrence, coupled with the fact that similarly situated co-accused 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 04.05.2024, accordingly, the petitioner, above-named, 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 P.S. 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