Ashwani Ranjan @ Sonu v. The State Of Bihar Through Economic Offence Unit, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71819 of 2024 Arising Out of PS. Case No.-16 Year-2023 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Ashwani Ranjan @ Sonu Son of Avinash Kumar Resident of Village -Sathopur Maghada, PS -Deep Nagar, District -Nalanda ... ... Petitioner/s
Versus
The State of Bihar through Economic Offence Unit, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivanand Singh, Adv For the Opposite Party/s :
Mr.Vishwanath Pd. Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Economic Offense P.S. Case No. 16 of 2023 lodged on 31.10.2023 under Section 420, 467, 468, 120B of the Indian Penal Code and Section 66 of the I.T. Act.
3. As per the prosecution case, F.I.R. has been lodged against seven named accused persons including the present petitioner against whom there is an allegation that petitioner was found involved in the committing malpractice, disruption and leak of question papers in the recruitment of Sepoy in Excise Department conducted by Central Selection Commission, Bihar
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.71819 of 2024(2) dt.03-10-2024 2/3 also submits the question paper was viral on the social media and in this regard technical investigation team was constituted and after investigation, it was found that the leak of question paper for the recruitment of Sepoy in Excise Department was done by organized member involved in crime since 2023. Moreover, question paper was sold at the amount of Rs. 80,000/- to 90,000/- through UPI bearing number 7645858062. He further submits that petitioner is not named in the F.I.R., but subsequently, during the investigation, his name has been figured in this case. He submits that not a single sheet of paper has been recovered by the Economic Offence Unit which proves that petitioner is the culprit.
He has been made accused only due to the reason that he and the main culprit Sanjeev Mukhiya are residing in the same district and they are well known to each other. He further submits that petitioner is running organization relating to agriculture for which he used to visit Kolkata frequently for his own business but in the investigation, only on the basis of the location which was found in Kolkata along with the main culprit, he has been made accused save and except he was present in Kolkata on the same date and there is nothing against him. He further submits that antecedent of the petitioner is clean and he is in custody since 05.06.2024.
Patna High Court CR. MISC. No.71819 of 2024(2) dt.03-10-2024 3/3
5. Learned APP for the State opposes the prayer for bail.
6. Learned Senior Counsel for the Economic Offence Unit submits that it is true that petitioner's name was not there in the F.I.R., but it is also true that subsequently during investigation on the confessional statement of the accused in which he has disclosed that there are four mobile were used in the crime and the series of material on his confession has been found by Economic Offence Unit. He submits that the confession of the petitioner is not only the confession against him rather it is a confession with due corroboration which is admissible under Section 27 of the Indian Evidence Act and therefore the argument of the petitioner that he is completely innocent may not be accepted.
7. In the present facts and circumstances of this case and the allegations made by Economic Offence Unit, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application of the petitioner is hereby rejected at present. (Dr. Anshuman, J) Sunnykr/- U