Dr. Anand Swaroop Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33938 of 2022 Arising Out of PS. Case No.-4 Year-2007 Thana- UNIVERSITY District- Muzaffarpur ====================================================== Dr. Anand Swaroop Singh Son Of Late Hardeo Narayan Singh Resident Of Mohalla- Amgola Paraopokhar Lane No 2, P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sri Niwas Jha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 and other allied sections of the Indian Penal Code. As per the prosecution case, it is alleged that the Officer on Special Duty (examination) and examination controller have submitted a report that interpolation has been made in almost 302 answer-sheets of BHMS examination held in 2006. It is further alleged that after receipt of answer-sheets from the Centre Superintendent, coding was done by duly constituted team under supervision of Dr. Naresh Kumar, Assistant Information Officer and after finalization of coding work, the answer-sheets were sent in the sealed cover to the co-

Patna High Court CR. MISC. No.33938 of 2022(4) dt.08-12-2022 2/3 ordinator evaluation by the petitioner, who was working as an Assistant in the Examination Department. Thereafter, decoding, tabulation and calculation of marks were done by different officers and finally the result of 4th BHMS examination was published by the order of Vice Chancellor. It is also alleged that in the process of tabulation, certain irregularities were found in the answer-sheets of the exam of 1st, 2nd and 3rd years of BHMS and for its physical verification a Committee was constituted and pursuant to the direction of Vice Chancellor the F.I.R. has been instituted.

It is submitted that at the relevant time petitioner was OSD Ist whose duty is to help the examination controller of University in performing his duty. It is further submitted that petitioner has already superannuated in the year 2017 as University Professor of Chemistry and during his service period no departmental proceeding was initiated against him. Moreover, the petitioner was not aware about the present case which was lodged in the year 2017. Petitioner claims clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of

Patna High Court CR. MISC. No.33938 of 2022(4) dt.08-12-2022 3/3 receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Muzaffarpur in connection with University P.S. Case No. 04 of 2007, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T