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Patna High CourtCR. MISC./24662/2025bail granted

Anupam Kumar Mishra v. The State Of Bihar Through Superintendent Of Police, Economic Offences Unit, Patna

2025-08-13Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24662 of 2025 Arising Out of PS. Case No.-28 Year-2024 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Anupam Kumar Mishra Son of Shatrughan Mishra Resident of Vill and P.O.- Mahnar, P.S.- Mahnar, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar Through Superintendent of Police, Economic Offences Unit, Patna BIHAR 2.

The Superintendent of Police, Economic Offences Unit, Patna BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prakash Chandra Jha, Advocate Mrs. Kumari Anjali, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP For the EOU :

Mr. V.N.P. Sinha, Sr. Advocate Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-08-2025 Heard Mr. Prakash Chandra Jha, learned counsel for the petitioner duly assisted by Kumari Anjali and Mr. V.N.P Sinha, learned Senior Counsel for Economic Office Unit duly assisted by Mr. Vijay Anand, Advocate for the other side beside the learned APP.

2. The petitioner is in judicial custody in connection with Economic Office Unit Patna P.S. Case No. 28 of 2024 for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2), 3(5) of BNS, 2023, section 66, 66©, 66(D) of IT Act and section 3,10, & 11 of Bihar Public Examination Act, 2024 lodged on 02.12.2024 by the informant, Kumar Veer

2/4 Dhirendra.

3. As per the prosecution story, the informant alleged that on 01.12.2024 and 02.12.2024, online examination for 45,000 Community Health Officers were to be conducted and it came to be notice that some Solver Gangs have become active to get unauthorized excess by using additional line and proxy server. A team was constituted and reached the doors of ACME Institute of Information Technology. When the examination was over and the examinees left the centre, it was found that additional line was used and two laptops were found in the room of accused Centre Superintendent, Ranjit Kumar. There was some Whatsapp chats and messages also. This led to the FIR.

4. Learned counsel for the petitioner submits that he is an innocent person, an employee of the said institute. Though, laptop and mobile phone have been seized, nothing incriminating has/have been recovered. He is ready to cooperate in the investigation, shall diligently appear in trial, is in custody since 03.12.2024 having no criminal antecedent.

5. Learned Senior Counsel representing the Economic Offence Unit on the other hand opposes the prayer submitting that using additional line, they were part of the Solvers Gang to help the examinee which ultimately will make their backdoor

3/4 entry detrimental to the cause of the actual examinees.

6. Taking into account the aforesaid facts as also the undertaking that he shall be cooperating in the investigation and diligently appearing in trial, is in custody since 03.12.2024 having no criminal antecedent, in that background, this Court is inclined to extend him the privilege of bail with conditions.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-1st Patna Sadar, Patna, in connection with Economic Office Unit Patna P.S. Case No. 28 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

4/4 (iv) 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) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T