Chandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21258 of 2025 Arising Out of PS. Case No.-6 Year-2024 Thana- C.B.I CASE District- Patna ====================================================== Chandan Singh S/o- Dhananjay Singh R/o Village- Murakhap, P.S.- Darauli, District- Siwan ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Central Bereau of Investigation through the Deputy Inspector General of Police, BIhar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhojot Singh, Adv.
For the Opposite Party/s :
Mr. Abhimanyu Sharma, App For the UOI :
Mr. Krishna Nandan Singh, Sr. Adv.(ASGI) :
Mr. Manoj Kumar Singh, CBI, Adv.
:
Mr. Ankit Kumar Singh, JC ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-08-2025
1. Heard the parties.
2. The petitioner seeks regular bail in connection with Shastri Nagar Police Station Case No. 358 of 2024, dated 05.05.2024, registered for the offences punishable under Sections 407, 408, 409, 120 of the Indian Penal Code. Subsequently, the case was taken over by the Central Bureau of Investigation and re-registered as RC No. 221/2024/ (E) 0006 on 23.06.2024 under Sections 120-B read with Sections 407, 408, 409 of the Indian Penal Code.
3. This is the second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier, the prayer for
2/6 regular bail of the petitioner was rejected by this Court, vide order, dated 14.02.2025, passed in Cr. Misc. No. 79243 of 2024.
4. The prosecution case, as per the allegation made in the First Information Report, is that the informant, Inspectorcum- SHO of Shastrinagar Police Station, Patna, on 05.05.2024, during patrolling, got the information from his senior officials that in the NEET UG Examination, 2024, an organized gang, having some students along with staffs, in collusion, has breached the integrity and sanctity of the chain of custody of question papers and leaked the same. Name of the petitioner transpired during investigation and as per the CBI, petitioner alongwith other accused persons solved the question papers in Vinayak Hotel at Hazaribagh and also arranged six solvers.
5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case during the course of investigation, in the second supplementary charge sheet filed by the Central Bureau of Investigation, under Section 173(8) of the Code of Criminal Procedure, 1973, as head of Patna group of solver gang and he has been arraigned as accused no. 29. The petitioner is a student, studying in the third year of MBBS
3/6 course in AIIMS, Patna. The petitioner never solved the question paper of NEET UG Examination, 2024 at Raj Guest House, Ram Nagar, Hazaribagh, as alleged and he had gone to worship at Rajrappa Temple on 05.05.2024 and in course of journey, the petitioner had stayed at Raj Guest House. The petitioner is a meritorious student and has a bright career as a doctor. The petitioner has not committed any offence in the manner alleged and neither any incriminating material nor any question paper has been found in his possession. No evidence has been collected during investigation and no material has been brought in the charge sheet showing that the petitioner has received any money for solving the question papers. He further submits that charge sheet has already been submitted and cognizance has been taken by the competent court. The petitioner is in custody since 18.07.2024 and keeping him in custody any further would not serve any purpose.
6. Learned counsel further submits that there is no likelihood that the petitioner will abscond or tamper with the evidence and several co-accused persons have already been granted bail by a Co-ordinate Bench of this court in Cr. Misc. No. 83786 of 2024 / Cr. Misc. No. 84065 of 2024/ Cr. Misc. No. 84106 of 2024/ Cr. Misc. No. 85087 of 2024 by order dated 04-
4/6 07-2025 and in Cr. Misc. No. 84277 of 2024, Cr. Misc. No. 85287 of 2024 vide order dated 16.05.2025 and 28.07.2025 respectively.
7. This court vide its order dated 27.06.2025 had called for a report regarding the stage of the trial from the court below. In pursuance thereof Spl Judge, CBI- II cum Addl. District & Sessions Judge- XXIII, Patna vide letter no. 60/2025 dated 26.07.2025 has furnished the report stating therein that charge has not been framed against petitioner and there are 589 witnesses, 619 documents, 124 Articles which are yet to be examined.
8. On the other hand, learned counsel for the Central Bureau of Investigation vehemently opposed the prayer for bail and submits that charge is serious in nature having larger societal ramifications and therefore he may not be granted the privilege of bail.
9. I have heard learned counsel for the parties and have gone through the materials available on record. The investigation is completed and final form (charge-sheet) has already been submitted by the C.B.I. in the Court. This Court has been informed by learned counsel for the C.B.I. that cognizance of offence against the petitioner has already been
5/6 taken. The petitioner is in custody since 18.07.2024 i.e., for 1 year & 21 days and detaining him further in custody is not going to serve any purpose. Similarly situated co-accused persons have been granted bail by Co-ordinate Bench of this Court. There is no likelihood that the petitioner will abscond or tamper with the evidence. The trial is not likely to be concluded in near future due to several witnesses, documents and articles which are yet to be examined and this is the second attempt on behalf of the petitioner for grant of regular bail, accordingly, I am inclined to grant regular bail to the petitioner.
10. Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Magistrate, CBI, Patna, in connection with Shastri Nagar Police Station Case No. 358 of 2024, taken over by the Central Bureau of Investigation and reregistered as RC No. 221/2024/ (E) 0006 on 23.06.2024, subject to the following 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
6/6 present before the learned Trial Court on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is 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 without permission of the Court and shall hand over the passport, if any to the C.B.I.
(v) The Petitioner shall co-operate with the further investigation of C.B.I. if any and shall make himself available as and when required by the Investigating agency.
11. It is made clear that if the petitioner violates any of the condition made upon him, the CBI is at liberty to approach this Hon'ble Court for cancellation of bail. (Anil Kumar Sinha, J) HarshPandey/- U T