Akhilesh Kumar @ Abhishek Kumar v. Central Bureau Of Investigation Through The Asp CBI-Eoiii, Delhi
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74161 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- C.B.I CASE District- Patna ====================================================== Akhilesh Kumar @ Abhishek Kumar son of Shiv Shankar Rai Resident of Ward no. 15, Sultanpur Danapur Cantt, PS- Danapur, District- Patna, Bihar ... ... Petitioner/s
Versus
Central Bureau of Investigation through the ASP CBI-EOIII, Delhi Delhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. S.K. Shrivastava, Adv.
Mr. Apurv Harsh, Adv.
Mr. Manu Tripurari, Adv.
Mr. Raghu Raj Pratap, Adv.
Mr. Hritik Anand, Adv.
Ms. Shubhi Shrivastava, Adv.
Ms. Jaya Singh, Adv.
For the C.B.I.
:
Mr. Avanish Kumar Singh, S.P.P.
Mr. Mukul Kumar Singh, Adv.
Mr. Tarush, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned counsel for the Central Bureau of Investigation.
2. The petitioner seeks bail in connection with Shastri Nagar P.S. Case No.358 of 2024 registered for the offences punishable u/s 407, 408, 409, 120(B) of the Indian Penal Code. Subsequently, the case was taken over by C.B.I. and re-registered as RC No. 22122024E0006-CBI/EO-III/NEW DELHI on 23.06.2024.
3. Allegedly, the petitioner along with other co-accused persons are said to have entered into a criminal conspiracy with
Patna High Court CR. MISC. No.74161 of 2024(5) dt.28-02-2025 2/3 co-accused Sikandar Yadvendu so as to access the solved stolen NEET UG 2024 Examination papers before the commencement of the examination.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. He is father of one of the candidates Ayush Kumar. He had no role in the alleged occurrence. The FIR also does not disclose any specific role of the petitioner. There is no eye witness or any independent witness to support the alleged case of prosecution. It is further submitted that charge sheet has been submitted against the petitioner on 01.08.2024 being charge sheet no. 19/2024 and now, no further investigation is pending against the petitioner. He is in custody since 06.05.2024 without any valid and cogent reason. There is no chance of tampering with evidence or interfering in the investigation. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para 3 of the bail application.
5. Learned counsel for the C.B.I. vehemently opposes the prayer for bail and fairly submits that charge sheet has already been submitted against the petitioner and all the relevant
Patna High Court CR. MISC. No.74161 of 2024(5) dt.28-02-2025 3/3 documents have been given to the accused persons.
6. Considering the arguments of the parties, the period of custody and the fact that charge sheet has been submitted against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Shastri Nagar P.S. Case No.358 of 2024.
7. Petitioner is directed to cooperate in the trial. If the petitioner fails to appear before the learned Court below on two consecutive dates fixed in the case, the prosecution will be at liberty to file an application for cancellation of bail bonds of the petitioner before the learned Court below.
8. Interlocutory Application, if any, stands disposed of. (Anjani Kumar Sharan, J) divyanshi/- U T