Sudhir Singh @ Sudhir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53947 of 2022 Arising Out of PS. Case No.-20 Year-2020 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== SUDHIR SINGH @ SUDHIR KUMAR SINGH Son of Shri Ram Janam Singh Resident of Village - Jhakhari, P.O.- Balia, P.s.- Amba, Distt.- Aurangabad.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Economic Office Wing, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mithilesh Kumar, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP For the EOU :

Mr. V.N.P.Sinha, Sr. Adv.

Ms. Soni Shrivastava, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Madhura Nand Jha as also the learned Senior Counsel for the Economic Offence Unit, Sri Vishwanath Prasad Sinha, assisted by Ms. Soni Shrivastava, Advocate. The petitioner seeks regular bail in connection with Economic Offence P.S. Case No. 20 of 2022, registered for the offence punishable under Sections 420, 467, 468, 120(B) of the Indian Penal Code, Section 66 of the Information Technology Act and Sections 3, 10 of the Bihar Control of Examination Case.

Patna High Court CR. MISC. No.53947 of 2022(3) dt.17-01-2023 2/3 The allegation is regarding the accused persons including the petitioner herein having leaked the question paper pertaining to 67th BPSC Examination and it is further alleged that the accused persons had taken money in exchange of supplying the question papers / answer-sheets to the candidates.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 15.5.2022. The learned counsel for the petitioner has submitted that the chargesheet has already been submitted, hence, the petitioner is not required for any custodial investigation, thus, the petitioner be released on bail.

Per contra, the learned Senior Counsel, Sri Vishwanath Prasad Sinha, assisted by Ms. Soni Srivastava, Advocate, appearing for the Economic Offence Unit, has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.53947 of 2022(3) dt.17-01-2023 3/3 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the fact that now the investigation is over, though I am not inclined to grant bail to the petitioner at the moment, considering the enormity of the accusation, however, I deem it fit and proper to direct for release of the petitioner on bail, immediately upon framing of charges by the learned court below, subject to such conditions as may be deemed fit and proper to be imposed by the learned court of ACJM-II at Patna in connection with Economic Offence P.S.Case No. 20 of 2022.

The present petition stands disposed of with the aforesaid observations and directions. (Mohit Kumar Shah, J) Ajay/- U T