Atul Kumar v. State Of Bihar Through C. B. I.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54834 of 2018 Arising Out of PS. Case No.-4 Year-2011 Thana- C.B.I CASE District- Patna ====================================================== Atul Kumar, aged about 42 Years S/o Shri Vishnu Dayal, R/o Vill.- Akauna, P.S.- Rath, District- Hamirpur, (U.P.) ... ... Petitioner/s
Versus
State of Bihar Through C. B. I.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kripanand Kumar Prabhakar For the Opposite Party/s :
Mr. Bipin Kumar Sinha, SC/CBI.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with CBI/EO-I RC 219 2011 E 0004 registered under Sections 120B, 419, 420, 464, 468 and 471 of the Indian Penal Code. Petitioner along with other accused persons are said to have got the dummy candidates appeared in All India Pre Medical and Dental Test 2011 conducted by Central Board of Secondary Education, New Delhi in place of certain candidates taking huge money hatching conspiracy. It is submitted by learned counsel for the petitioner that petitioner is not named in the F.I.R. He does not happen to be student of medical. He simply happens to be friend of Kamlesh Bahadur who happens to be brother of one
Patna High Court Cr.Misc. No.54834 of 2018(2) dt.14-12-2018 2/3 of the candidate namely Ashok Kumar Singh. There is no specific allegation against the petitioner of cheating and hatching conspiracy. Original chargesheet has not been submitted against the petitioner rather supplementary chargesheet with accusation that he worked as a middle man and conspired with co-accused Arun Kumar to manage admission of Ashok Kumar Singh in MBBS course through AIPMT-2011 Exam. Anticipatory bail of some of the accused persons have also been allowed by different co-ordinate Benches of this Court.
On the other hand, learned Standing Counsel for the CBI submitted that the petitioner took active part in the occurrence and got the dummy candidate appeared in the aforesaid examination for Ashok Kumar Singh by taking huge money. Preceding to the occurrence, he had spoken to the main accused Arun Kumar telephonically regarding sending of admit card of Ashok Kumar Singh, matching of photographs and about result of the said candidate. He also talked with Arun Kumar regarding deposit of Rs.50,000/- in SBI Account of Arun Kumar and the said amount is found reflected in the aforesaid account of Arun Kumar which was deposited by said Kamlesh at SBI Branch, Kachnar, Raja Talab, Varanasi and CFSL has
Patna High Court Cr.Misc. No.54834 of 2018(2) dt.14-12-2018 3/3 given its opinion regarding the handwriting of Atul Kumar in the pay-in-slip of deposit of Rs.24,000/- in the aforesaid account. Anticipatory bail of some of the accused persons have also been rejected by different co-ordinate Benches of this Court.
In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.
However, petitioner is directed to surrender before the court below and seek regular bail and the court below shall dispose of the bail petition on the same day of its filing in accordance with law without being prejudiced by this order. (Prakash Chandra Jaiswal, J) mantreshwar/- U T