Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22692 of 2019 Arising Out of PS. Case No.-44 Year-2017 Thana- AGAMKUAN District- Patna ====================================================== AJAY KUMAR, Aged about 34 years, Male, S/o Late Dhoop Lal Singh, Resident of Village-Faridpur, P.S.-Janipur, District-Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-08-2019 Heard Mr. Patanjali Rishi, learned counsel for the petitioner and Mr. Ajay Mishra, learned counsel for the Vigilance.

Petitioner seeks bail in Special Case No.11 of 2017, arising out of Agamkuan P.S. Case No.44 of 2017, registered under Sections 419, 420, 467, 468, 471, 34 of the Indian Penal Code and later on Section 120B of the Indian Penal Code was added and under Sections 7, 8, 9, 13(1)(c), (d), (e) read with 13(2) of the Prevention of Corruption Act and Section 66B of the I.T. Act.

The gist of the allegation is that the informant got secret information that in the house of Deena Nath Singh situated at Mohalla Kanti Factory Road, Mahatma Gandhi Nagar, Pawan Kumar and Atul Ranjan Sinha were involved in

Patna High Court CR. MISC. No.22692 of 2019(6) dt.13-08-2019 2/3 getting meritless candidates passed through the competitive examination of Bihar Staff Selection Commission by adopting corrupt and illegal means. On such information, a raid was conducted and three persons, namely, Pawan Kumar, Bipin Kumar and Navneet Kumar were arrested. Many electronics gazettes, mobile phones etc. Were recovered and on their disclosure that they in collusion with Atul Ranjan Sinha, Gorelal @ Kaushik, Bhola @ Nitesh and others used to get question papers before commencement of the examination and they used to transmit the same through electronic gazettes to the candidates who had paid money to them and on such the case was instituted and investigation started.

During the investigation, the names of the petitioner and others including the staff of Bihar Staff Selection Commission also transpired and it was found that they all were involved in getting the question paper leaked before commencement of examination. Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected by order dated 26.06.2018, passed in Cr. Misc. No.54953 of 2017. The petitioner is in jail since 13.06.2017. One co-accused, namely, Ajay Kumar @ Ajay Kashyap has already been granted bail vide order dated 10.07.2019, passed in Cr. Misc. No.

Patna High Court CR. MISC. No.22692 of 2019(6) dt.13-08-2019 3/3 2018 on the ground that he has remained in jail for about two and half years. The only allegation against the petitioner is that he talked with the candidates and took money from them to provide answer sheets.

It appears that there is allegation that the petitioner also actively participated in providing answer sheets to different candidates before commencement of the examination to be held by BSSC after realizing huge amount from them. The petitioner has not completed two and half years in jail as yet. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the prayer for bail of the petitioner is rejected. The petitioner, if so advised, may renew his prayer for bail after completion two and half years in custody. (Prabhat Kumar Jha, J) S.KUMAR/- U T