Ranjit Kumar Beura @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80356 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- C.B.I CASE District- Patna ====================================================== Ranjit Kumar Beura @ Pintu, Male, aged about 35 years, S/o- Late Rama Chandra Beura, R/o Saliasahi Basti Nirankari Nagar, Bhuneswar, DistKhorda, Orissa ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Superintendent of Police, Central Bureau of Investigation CBI, Patna Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

M/S. Apurv Harsh, Vishal Vikram Rana, Manu Tripurari, Misha Bharti, Jaya Singh, Aditi Sahay, Raghu Raj Pratap Singh and Pranshu Prakash, Advocates For the C.B.I. : Mrs. Nivedita Nirvikar, Sr. Advocate and Mrs. Asmita Bharti, Advocate For the State :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner, learned counsel for the C.B.I. and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Shashtri Nagar P.S. Case No. 358 of 2024 dated 05.05.2024 and C.B.I. R.C. No. 06E of 2024 and Special Case No. 14 of 2024 registered for the offences punishable under Sections 407, 408, 409 and 120B of the I.P.C.

3. As per the prosecution case, on 05.05.2024, during

2/16 patrolling, the informant got information from his senior officials that in the NEET Examination, 2024, an organized gang, some students and some examination conducting staffs, in collusion with one another has destroyed the integrity and sanctity of the chain of custody of the question papers and leaked the question papers. He was also informed that some members of the organized gang were moving in a white colour Renault Duster Car around the examination centre. For the verification of the same, on checking, when he intercepted the white Duster Car bearing Registration No. JH01BW0019, and three people who were trying to escape, were caught on the spot who told their names as 1. Sikandar Yadvendu, 2. Akhilesh Kumar and 3. Bittu Kumar.

On searching the car, four xerox copies of Admit Cards of four candidates, namely, Abhishek Kumar, Shivnandan Kumar, Aayush Raj and Anurag Yadav were recovered from the shelf of the front seat and two mobile phones were recovered from the pocket of Sikandar Yadvendu. On interrogation regarding the question papers, he told that some of his students are appearing in the examination at the various centres whose setting were managed by Sanjeev Singh, Rocky and Nitesh and Amit Anand. They had taken some of the students to memorize the answers of the NEET question papers.

3/16 After informing the same to his officials, when he reached DAV Public School, BSEB Colony and verified about Ayush Raj, he came to know that he is in Room No. 18. After the examination got over, on interrogation of Ayush Raj, he told the informant that he was taken to Learn Boys Hostel and Learn Play School, a night before the examination and was handed over the question papers and the answer sheets and was asked to memorize alongwith 20-25 other students. On searching the student, NEET Admit Card, question booklet, Aadhar Card, Pan Card, Passport Photo and Postcard were recovered from his possession. Thereafter, the informant prepared the seizure list and on the basis of his self statement, the present case has been instituted.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. The petitioner is not named in the F.I.R. and his name has surfaced in the present case on the basis of the confessional statement of the co-accused which has got no evidentiary value in the eyes of law. It is further submitted that no incriminating article has been recovered from his possession rather some items were recovered from the possession of other co-accused persons Sikandar

4/16 Yadvendu and Aayush Raj. There is no specific allegation against the petitioner. There is general and omnibus allegation has been made against the petitioner. The petitioner has no concern with the alleged offence. The petitioner is a Chairman of an N.G.O., namely, 'Career Academy Education Trust', (hereinafter referred to as the 'CAET') which has been registered with the Sub Registrar, Nayapati, Odisha on 03.08.2023 and was embarked upon providing educational facilities and consultation to the needy and poor students. The charge sheet has already been submitted against the petitioner in the present case. There is no allegation of leaking of question paper. It is further submitted that from perusal of paragraph nos. 38, 39 and 40 of the charge sheet submitted by the C.B.I., it appears that the petitioner is only a Middleman.

It is submitted that the other co-accused person, namely, Dhiren Kumar Panda, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 79069 of 2024 under order dated 02.05.2025. This case is triable by the Magistrate. The petitioner has one criminal antecedent as stated in paragraph no. 4 of the supplementary affidavit filed on behalf of the petitioner. He is in custody in this case since 30.07.2024.

5. Learned senior counsel for the C.B.I. and learned

5/16 A.P.P. for the State have vehemently opposed the bail petition of the petitioner. Learned senior counsel for the C.B.I. has filed counter affidavit dated 02.04.2025 and supplementary counter affidavit dated 05.05.2025. She further refers paragraph nos. 15(i), 15(ii), 15(iii), 15(v) and fifth and sixth lines of paragraph no. 15(viii) of the counter affidavit dated 02.04.2025 where she has stated in paragraph no.

15(i) of the said counter affidavit that the investigation has revealed that the co-accused Amit Kumar Singh (A-41) had hatched criminal conspiracy with various agents including the petitioner (A-37), Amit Prasad Maharana (A-38), Dhiren Kumar Panda (A-39) and Sanjay Kumar (A-36) to arrange NEET Exam candidates to whom the stolen solved NEET UG Question Paper was to be provided before the commencement of the examination in lieu of monetary gains. These agents were able to successfully arrange such candidates from Bhubaneswar, Patna, Kolkata, Rajasthan, Madhya Pradesh etc. She further submits that after the conclusion of the exam, Sanjay Kumar (A-36) received approximately Rs. 17,00,000/- from the parents of the candidates, which was handed over by him to Amit Kumar Singh between 10.05.2024 and 20.05.2024. Out of this, Rs.

6/16 Ghanshyam's ICICI Bank Account and Rs. 9,50,000/- were given in cash to Amit Kumar Singh through one Kumar Abhishek. In paragraph no. 15(ii) of the said counter affidavit, it has been mentioned that the investigation has further revealed that Sanjay Kumar (A-36) had arranged 21 candidates (17 were sent to Hazaribagh and 4 to Patna) in addition to providing 07 solvers. The petitioner runs a trust under the name of 'C.A.E.T'. as its Managing Director. Amit Prasad Maharana (A-38) and Dhiren Kumar Panda (A-39) are the two other Directors of the Trust. Its declared objective is to provide career counseling to various candidates appearing in different examinations. In paragraph no.

15(iii) of the said counter affidavit, it has been mentioned that the investigation has further revealed that the petitioner (A-37), in collusion with Amit Kumar Singh, conspired to compromise the integrity of the NEET UG Exam. The petitioner (A-37) and Amit Kumar Singh (A-41) have known each other since 2019 when they were both arrested by Odisha Police in a case involving malpractice in the OUAT Exam. In paragraph no.

7/16 Hazaribagh through 'C.A.E.T.' These 17 candidates sent by Career Academy have been identified as Arpita Sahoo, Amlan Mishra, Debidatta Panda, Rajashree Mukherjee, Sonali Dash, Subhasmita Dash, Pratikshya Lenka, Suranjana Sagarika Padhi, Jyoti Mandal, Deepak Panigrahi, Satyam Kumar Meher, Jyotiraditya Rout, Abhijit Mathan, Maheshwari Das, Bimal Kumar Meher, Adarsha Kumar Mohakud and Manisha Mishra. These candidates were accommodated at Raj Guest House and House of Sindur. In paragraph no. 15(viii) of the said counter affidavit, it has been mentioned that in furtherance of this criminal conspiracy, the petitioner (A-37) and others had sent 17 candidates to Hazaribagh and had kept other candidates at Hotel Treefo Palaces where copy of the stolen solved NEET Question Paper was provided to the candidates as well.

She further refers to paragraph no. 4 of the supplementary counter affidavit in which it has been mentioned that during the course of investigation through various testimonies, involvement of the accused has been established, they are mentioned as follows:- P.W.- 383 Ranjan Sethi @ Manas has stated that he alongwith the petitioner came to Hazaribagh and the petitioner arranged candidates from Odisha for Hazaribagh. Pratish Nayak (P.W.

359) has stated that he handed over his educational certificates

8/16 to the Career Academy and Amit Prasad Maharana shared the NEET UG 2024 solved question paper. Subhasmita Nayak (P.W.- 358) has stated that she was provided with a printout of the solved question paper at a hotel in Bhubaneswar. She identified the co-accused Dhiren Kumar Panda. The petitioner (A-37), Amit Prasad Maharana (A-38) and Dhiren Kumar Panda (A-39) had successfully sent 17 candidates to Hazaribagh through 'C.A.E.T.' These 17 candidates sent by Career Academy have been identified as Arpita Sahoo (P.W.- 309), Amlan Mishra (P.W.-306), Debidatta Panda (P.W.- 313), Rajashree Mukherjeet (P.W.-322), Sonali Dash (P.W.-326), Subhasmita Dash (P.W.- 325), Pratikshya Lenka (P.W.-321), Suranjana Sagarika Padhi (P.W.-332), Jyoti Mandal (P.W.-316), Deepak Panigrahi (P.W.- 314), Satyam Kumar Meher (P.W.- 324), Jyotiraditya Rout (P.W.

- 317), Abhijit Mathan (P.W.-303), Maheshwari Das (P.W.-336) and Bimal Kumar Meher( P.W.- 312), Adarsha Kumar Mohakud (P.W.-304), Manisha Mishra. These candidates were accommodated at Raj Guest House and House at Sindur. These facts have been corroborated by Debashis Panigrahi, an employee of 'C.A.E.T.', and by Ranjan Sethi @ Manas, the driver of the petitioner (A-37).

9/16 of Rs. 95,000/- from the parents of the candidate Amlan Mishra (P.W.-306) in his account on 05.05.2024 after the examination. He on the instructions of the petitioner (A-37) subsequently, transferred this amount to a PhonePe No. 8100667706. The investigation has revealed that this PhonePe account belongs to one Ratna Khan, who is the acquaintance of the co-accused Amit Kumar Singh and that Amit Kumar Singh has been using this PhonePe account to make various payments including the payment made for the food bill at Hotel Mercury in Ranchi on 14.04.2024 and Hotel Pipul Padamja in Bhubaneswar in June, 2024. The original educational documents of candidates arranged by 'C.A.E.T.' for Bhubaneswar were seized during a search conducted at the residential premises of Ashish Das, an employee of the 'C.A.E.T.'

The investigation has revealed that these documents were provided to Ashish Dash by one Prashanta Dhal, a neighbour of .C.A.E.T.' She further refers a summary of the evidences disclosed is as follows:- His location is found to be in Hazaribagh from 03.05.2024 to 06.05.2024. He is the Director of 'C.A.E.T.', Bhubaneswar. This academy is involved in counseling for the students seeking admission to MBBS.

10/16 Amit Kumar Singh, Amit Kumar Maharana (A-38) and Dhiren Kumar Panda (A-39). He has been in contact with the coaccused Amit Kumar Singh since 2019. The co-accused Amit Kumar Singh was involved in admission of students in Engineering Colleges in Bhubaneswar and other places. The petitioner (A-37) and the co-accused Amit Kumar Singh were arrested by Odisha Police in 2019 in a case involving malpractice in the OUAT Exam. He came to Hazaribagh in his MG-Hector Car on 03.05.2024 alongwith Debashish Panigrahi and Ranjan Sethi @ Manas. The petitioner (A-37) transported candidates after they arrived at Hazaribagh who had come from Odisha to Hazaribagh and whose centre was filled by the petitioner as Hazaribagh instead of Odisha. He himself stayed in A.K. International Hotel, Hazaribagh whose booking was done by Debashish Panigrahi.

He received Rs. 5,00,000/- from the parents of the candidates into his accounts. He was identified by various candidates. She has further stated in paragraph no. 6 of the said supplementary affidavit that during the course of investigation, several documentary evidences have also been collected, a brief description of the same is as follows:- D-269:- Letter No. 3942/RTA dated 28.08.2024 alongwith details of Vehicle No.

11/16 Additional Transport Officer, Bhubaneswar. It will prove that Vehicle No. OD02CL0069 (MG Hector) is in the name of Smt. Mamata Behera, the wife of the petitioner which was used at Hazaribagh from 03.05.2024 to 05.05.2024 for picking up and dropping to the candidates. D-278 to D-283: Search list dated 01.08.2024 at Career Academy, Bhubaneswar and documents seized during search. It will prove that 'C.A.E.T.' was being run by the petitioner, Amit Prasad Maharana and Dhiren Kumar Panda. In the shed of the Coaching Institute, the accused persons were running a racket of NEET Exam Paper Leak and were managing the candidates in lieu of money. D284 and D285:- Production-cum-Seizure Memo dated 03.07.2024 alongwith guest registration card in the name of Debasish Panigrahi and Ranjan Sethi.

It will prove the stay of Debashish Panigrahi and Ranjan Sethi at the Hotel A.K. International, Hazaribagh during the period of the offence. Both persons have narrated true story against the petitioner. D-294 to D-297:- Brochure of Career Academy Unite of SRSD Farming Pvt. Ltd., (Career Counseling and Admission Guidance), Plot No. N6/211, IRC Village, Bhubneshwar given by the petitioner to Shri Ramesh Chandra Mishra on his first visit of Career Academy. It will prove that the original certificates of NEET candidate Ms.

12/16 Manbish Mishra was received by Shri Amit Kumar Maharana, the partner of the petitioner, as a token for passing her in the NEET Exam. It will prove that the petitioner was running Career Academy and having Mobile No. 9777551231. The visiting card was given by him to Shri Ramesh Chandra Mishra, the father of Ms. Manisha Mishra. D-298 to D-300:- The production-cum-seizure memo dated 12.07.2024 regarding seizure of documents from the Manager, Hotel A.K. International, Hazaribagh alongwith documents showing stay of the accused persons. It will prove stay of the petitioner in the Hotel A.K. International, Hazaribatgh during the period of offence. D-337:- Memorandum of Proceedings dated 28.07.2024 regarding seizure of Vehicle No. OD02CD0069 and other digital items seized from the seized vehicles.

It will prove seizure of vehicle of Amit Prasad Maharana which was used in transporting candidates at Bhubaneswar. D-349 and A-94:- The Memorandum of Proceeding dated 26.07.2024 regarding seizure of car of the petitioner and items available in the car. It will prove the seizure of Vehicle No. OD02CL0069 (MG Hector) of the petitioner and other items available in his car. This car was used at Hazaribagh for transporting the candidates. D-375:- Certified copy of the account statement of Account No.

13/16 20201080058 in the name of Debashish Panigrahi for the period of 01.01.2024 to 30.06.2024. It will prove that Account No. 20201080058 is being maintained with S.B.I. Bank by Debashish Panigrahi and an amount of Rs. 75,000/-, Rs. 25,000/- were credited in his account on 05.05.2024 from the account of Shri Jyoti Ranjan Mishra, who is the father of candidate Amlan Mishra (P.W.- 306) and further the said amount of Rs. 95,000/- was transferred by Debashish Panigrahi in the account of Ratna Khan on the same day on the instruction of the petitioner. D-379 to D-416:- Production-cum-Seizure Memo dated 24.07.2024 regarding seizure of documents from Ms. Mousumi Nayak, D/O Shri Benudhar Nayak, Barandanga, Badmatha. District- Kendrapara, P.S. Mahakalpara, Odisha alongwith the original documents and cheques in the name of various persons.

It will prove that these are documents/cheques which were taken by the petitioner from the candidates/parents of the NEET Exam, 2024 as a guarantee for helping them in exam. These candidates appeared in exam at various centres at Hazaribagh and had got leaked solved question papers for memorizing. D-421 to D-423: 164 Cr.P.C. the statements of Debashish Panigrahi, Prakash Kumar Mishra and Ranjan Sethi @ Manas (P.W. 382 to 384).

14/16 involvement of the petitioner as well as Amit Kumar Singh at Hazaribagth. D-502: Search list dated 24.07.2024 at the resident premises of Shri Ashish Kumar Das , S/O Late Krushna Chandra Bhoi, R/O Village/locality-Mancheswar, G.P./TownBhubaneswar, P.S. Mancheswar, District- Khurda vide which documents of many students were seized as per Annexure-A. It will prove that the original documents and cheques were collected from various NEET candidates as a guarantee by the petitioner, Amit Prasad Mahrana and Dhiren Kumar Panda, all partners of Career Academy, Bhubaneswar. D-520:P Letter Ref. 30111103/AGE4510017/CNT/YBL dated 31.08.2024 of Yes Bank, Nayapalli Branch, Bhubaneswar vide which certified copies of statement of Account of M/S. 'C.A.E.T.', A/'C No. 139588700000033 from open date to 30.08.

2024 alongwith certificate under Section 2A of Banker's Book of Evidence Act and Certified Copy of account opening from and KYC documents alongwith certificate under Section 65B of the Indian Evidence Act of M/S 'C.A.E.T.', A/C No. 139588700000033 have been seized. It will prove receiving of money from the parents of candidates and other accused persons.

6. Lastly, learned counsel for the C.B.I. has submitted that in view of the submissions made above, the prayer for bail

15/16 application of the petitioner may kindly be rejected in the interest of justice and ongoing further investigation under Section 173(8) of the Cr.P.C.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the fact that other similarly situated co-accused persons have been granted bail, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, CBI-II, Patna in connection with Shashtri Nagar P.S. Case No. 358 of 2024 and C.B.I. R.C. No. 06E of 2024 and Special Case No. 14 of 2024 with further conditions:- (I) One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

(II) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

(III) The petitioner shall not intimidate and/or

16/16 influence the witnesses by inducement, fraud or promise.

(IV) The petitioner shall not leave the territory of India with out permission of the court and shall hand over the passport, if any, to the C.B.I.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T