Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88883 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Rahul Kumar S/o Krishna Paswan Resident of Village-Sherpura Dihuli, P.SDulhin Bazar, District-Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Economic Offence Unit, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jogendra Kumar, Advocate For the State :
Ms. Pushpa Sinha, A.P.P.
For the E.O.U.
:
Mr. V.N.P. Sinha, Advocate Mr. Vijay Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks regular bail in connection with Economic Offences P.S. Case No. 06 of 2024 for the offences punishable under Sections 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code and Section 3/10 of Bihar Examination Conduct, 1981 and 66 of I.T. Act.
3. As per the prosecution story, the allegation is that the Economic Offence Unit (EOU), on information found that the few persons were involved in leaking the paper of Teacher Recruitment Examination-3 (TRE-3) which was to take place on 15.03.02024 by the Bihar Public Service Commission (BPSC).
2/4 On such information, number of Buses and Scorpios were stopped at Rajauli Nawada (Bihar) and it was found that several students have set of question papers and accordingly the place was raided and the vehicles were seized and 258 persons were apprehended there.
4. Learned counsel for the petitioner submits that the petitioner was not named in the FIR and his name has cropped up merely because he was in touch with one Dr. Shiv Kumar who is the co-accused in this case. It has further been contended that he was a driver of Zenith Logistics and he had no concern with leakage of the said question paper and his name has merely being dragged along with other accused persons because he happens to be associated with the said Dr. Shiv Kumar and was the driver of zenith Logistics. Learned senior counsel has drawn the attention of this Court that certain coaccused have been granted bail by the Co-ordinate Bench of this Hon'ble Court vide order dated 20.01.2025 in a batch of cases one being Criminal Misc. No. 54654 of 2024. Lastly, learned senior counsel for the petitioner has submitted the petitioner is in custody since 04.05.2024.
5. Learned senior counsel Vishwanath Pd. Sinha appearing on behalf of EOU has stated that the petitioner has
3/4 been directly involved with the persons who were instrumental in the leakage of the question paper of the examination which was going to be held on 15.03.2024. Learned Senior counsel further submits that the petitioner is stated to have been a part of the conspiracy and he had provided illegal benefit to the student and had charged around Rs. 20 thousand each from ten students. Learned senior counsel has also referred to the various paragraphs of the counter affidavit filed on behalf of the EOU. From perusal of which it would be observed that there is an allegation upon the petitioner that he was directly involved in the commission of crime of the leakage of question paper and learned senior counsel has also stated that there was a confessional statement by the present petitioner and he had accepted his guilt in the present case.
6. Considering the aforesaid materials and the facts and circumstances of this case and taking in view that the petitioner was an employee of Zenith Logistics and some other co-accused persons have been enlarged on bail by a co-ordinate Bench of this Hon'ble Court, I am inclined to grant the petitioner privilege of regular bail.
7. Accordingly, the prayer for bail is allowed.
8. Let the petitioner, above named, be released on
4/4 bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Additional Chief Judicial Magistrate-I, Patna/concerned court in connection with Economic Offences P.S. Case No. 06 of 2024.
(Sourendra Pandey, J) Siwani/- U T