Ram Babu Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49903 of 2025 Arising Out of PS. Case No.-188 Year-2025 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Ram Babu Mallik Son of Sri Suresh Mallik Resident of village - Rahamganj Kali Mandir, P.S.- Laheriasarai, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Samastipur Muffasil P.S. Case No. 188 of 2025 instituted for the offences under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the petitioner is the accused of making a Scholar sit in place of the original candidate, creating forged admit card by tampering with the photo in the admit card, preparing other fake documents for the candidates by forging signature as also getting fake candidates selected in the NEET 2025 examination by committing malpractices in the examination. The police recovered a car, a

Patna High Court CR. MISC. No.49903 of 2025(3) dt.15-10-2025 2/3 ONEPLUS mobile, Samsung Keypad mobile and Rs. 50,000/- cash from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. He further submits that in course of entire investigation, the Investigating Officer has not found anything incriminating which could even remotely connect the petitioner with the alleged offence. Even the CDR and Forensic examination of the place of occurrence did not find any cogent material connecting the alleged offence. There is no independent witness who has supported the prosecution case. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent and is languishing in judicial custody since 05.05.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious

Patna High Court CR. MISC. No.49903 of 2025(3) dt.15-10-2025 3/3 in nature. He further submits that the police has also discovered that admit cards, Aadhaar cards, signatures, photographs and disability certificates of several candidates for the NEET 2025 examination had been exchanged on the whatsApp no. 7320844172, saved as Deepak Pmch 234.

6. Having heard learned counsel for the parties and taking into account the nature and gravity of the offence as also the materials available in the case diary, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously preferably within a period of five months from today. If the trial is not concluded within the period of five months as stated above, the petitioner will be at liberty to renew his prayer before the court below.

(Rudra Prakash Mishra, J) rishi/- U T