Vinit Kumar & Anr vs The State Of Bihar Through Cabinet ... on 3 July, 2017

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Patna High Court - Orders

Vinit Kumar & Anr vs The State Of Bihar Through Cabinet ... on 3 July, 2017

The petitioners seek bail in Special case No. 11 of Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 2/15 2017, arising out of Agamkuan P.S. case No. 44 of 2017, under Section 419, 420, 467, 468, 471, 34 of the Indian Penal Code. Later on Section 66 (D) of the Information Technology Act and Sections 7/8/9/13(1) (a) (b) (e) read with Section 13(2) of the Prevention of Corruption Act, 1988 were added.

The informant, S.I. of Agamkuan P.S., alleged that he got information that Pawan Kumar and Atul Ranjan Sinha, who were residing in the house of Late Pappu Singh, S/o Dinanath Singh, situated in Mahatma Gandhi Nagar, Kanti Factory Road, were cheating and circulating question papers and answer sheets of the examination being held by the Bihar Staff Selection Commission (hereinafter referred to as the BSSC) for appointment on the different posts in different departments of Government of Bihar. The informant, after performing formalities, proceeded to raid the room occupied by Pawan Kumar and Atul Ranjan Sinha. Three persons, namely, Pawan Kumar, Bipin Kumar, petitioner of Cr. Misc. No. 21097 of 2017, and Navneet Kumar were found inside the room and they were apprehended. They disclosed the name of Atul Ranjan Sinha, Gorelal @ Kaushik and Bhola @ Nitesh and others who are involved in the racket in leaking of question papers and transmitting the answers to the examinees, after taking hefty amount from them. From the aforesaid room Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 3/15 admits cards, battery of bluetooth, bluetooth, printer, laptop, original marks sheets and other articles were recovered.

Mr. Y. V. Giri, the learned senior counsel appearing on behalf of the petitioners, Vinit Kumar and Ajay Kumar @ Ajay Kashyap, submitted that petitioner Vinit Kumar is director of Confisec Pvt. Ltd., having a printing press located at Ahmedabad, Gujarat. Ajay Kumar @ Ajay Kashyap is staff of the said company. The petitioners do not indulge in leaking question papers. The petitioners are Director and staff of a reputed printing press which used to print question papers of different examinations conducted by different Commissions of different States. The duty of the Director of the printing press is to take the manuscripts from the Chairman of the Commission and after printing the questions send the same to different examination centers. There is no material in the entire case diary that the questions papers were leaked at the level of the printing press.

It is submitted that name of the petitioners, Director and staff of the printing press, figured in the case during the course of investigation. Sri Sudhir Kumar, the Chairman of the Commission, was interrogated and he explained the entire procedure of examination including printing of question papers. Sri Sudhir Kumar only disclosed the name of printing press. The Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 4/15 entire questionnaire and answer by Sri Sudhir Kumar does not disclose any role played by the printing press in leaking the question papers.

It is further submitted that during the course of investigation the I.O. took the statement of Prashant Kumar and Raj Kumar Sharma, who were said to have disclosed that they received answers on whats app on 29.01.2017 with regard to the examination to be held on 05.02.2017. The prosecution has not brought on record any fact that from which mobile the examinees got whats app message on their mobile phones. The duty of the printing press is to deliver the question papers to nodal officer at the district level and the same were kept in district treasury. The sealed boxes containing question papers are to be opened at the examination centers five minutes before scheduled time of beginning of examination.

It is further submitted that the Chairman of the BSSC is to send the manuscripts of questions in a sealed cover to the printing press after getting the questions from the setters. It is submitted that Ashish Kumar, Awadhesh Kumar, Arun Kumar and Smt. Manju Kumari are close relatives of Sri Sudhir Kumar, Chairman of the BSSC. They were examined by the I.O. but they did not disclose any facts showing the involvement of the Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 5/15 petitioners, Vinit Kumar and Ajay Kumar @ Ajay Kashyap. The petitioner, Vinit Kumar, was arrested and he disclosed that question papers of the examination to be held on 29.01.2017 were dispatched on 21.01.2017, which were received by the department on 26/27.02.2017. Similarly, question papers of examination to be held on 05.02.2017 were dispatched on 28.01.2017 and the same were received by the authorized persons on 02/03.02.2017. There is no material on record to show that the question papers were leaked from the custody of printing press.

It is further submitted that in paragraphs 234, 235, 236 at pages 451 to 453 of case diary, on which the prosecution relied, the petitioner, Vinit Kumar, had talked with Amanpreet Singh Barar, who was to supply the OMR. Amanpreet Singh Barar used to supply OMR sheets to the company of Vinit Kumar not only for the examination in question but for many other examinations conducted all over the country and mere talking on telephone with Amanpreet Singh Barar does not show that manuscript of the question papers or question papers were leaked to the examinees or to any person at any point of time by the petitioners and on these facts the accusation against the petitioners is not substantiated by any facts.

It is further submitted that answer sheets received on Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 6/15 different whats app tallied with the question papers but this fact also does not show involvement of the petitioners as answer sheets are kept in the safe custody of the Chairman of the BSSC and the concerned printing press does not print the answer sheets of any examination. The Chairman is to get the questions set from any person and also to get the answer sheets of the questions, which were used by the evaluator. It is submitted that no offence under Section 419 or any other Sections of the IPC is made out against the petitioners.

Mr. Arun Kumar, the learned counsel appearing for the petitioner Bipin Kumar of Cr. Misc. No. 21097 of 2017, submits that petitioner was, of course, apprehended with Pawan Kumar and Navneet Kumar but nothing has been recovered from the possession of the petitioner. The petitioner is brother-in-law (sister's husband) of Pawan Kumar and for some work the petitioner simply delivered the electronic articles to Pawan Kumar. The petitioner also made statement to this effect. Even if the entire evidence and the materials collected during the course of investigation are taken on its face value, the petitioner is a worker and for that the petitioner is in jail for more than four months. The petitioner did not leak the question papers nor delivered the answer sheets to any person or examinee. It is further submitted Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 7/15 that mobile of the petitioner was also seized but it has not been found that from the mobile of the petitioner any whats app message was sent to any examinee. Hence, the petitioner may be enlarged on bail.

On the other hand, Sri Ajay Mishra, the learned counsel for the State (S.I.T.) submits that Bipin Kumar was apprehended along with Pawan Kumar and Navneet Kumar in the house of late Pappu Singh. Pawan Kumar and Atul Ranjan had taken the house on rent. During the course of investigation, it has come that Bipin Kumar is also involved in leaking the question papers and transmitting the answers of the question papers to different examinees at different examination centers electronically. The petitioner used to fit bluetooth in the under garments of the examinees. It is further submitted that it has come during the course of investigation from the disclosure made by other accused persons including the staff of the BSSC such as Avinash Kumar, the Data Entry Operation, Niti Ranjan Pratap, the I. T. Manager, that Bipin Kumar, the petitioner of Cr. Misc. No. 21097 of 2017, is also a member of the gang which indulges in getting the questions leaked out and sending the answer sheets to the examinees of different centers who had paid money to the gang. The learned counsel for the State referred to different paragraphs Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 8/15 of the case diary and the evidence coming after examination of their mobiles, SIM cards from Forensic Science Laboratory that all the members of the gang were well knit and had talked with each other immediately before the examination. It is further submitted that question papers were leaked by the gang in collusion with staff of the BSSC, Secretary, and Chairman of the BSSC. It has also come that Chairman of the BSSC himself left the question papers and the answer sheets at his parental house from where his nephew and brother got and circulated the same to many candidates. The printer and its staff, namely, Vinit Kumar and Ajay Kumar @ Ajay Kashyap, petitioners of Cr. Misc. No. 20500 of 2017, and OMR supplier Amanpreet Singh Barar are also involved. There was no agreement for printing of the question papers and supply of OMR sheets and at no level secrecy was maintained. From the interrogation of Sudhir Kumar, the Chairman of BSSC, it would appear that he disclosed that one Das Gupta of I.I.T., Delhi set the question papers but the I.O. found only one Tapan Das Gupta working as Assistant Professor in the department of Mechanical Engineering, I.I.T., Delhi and he issued letter to this effect to the I.O. that he did not set any question papers of BSSC for appointment on any post. The secrecy for setting questions and keeping manuscripts in sealed cover has not Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 9/15 been maintained. Manuscripts were sent through different persons to the printing press. The Chairman disclosed that Ajay Kumar @ Ajay Kashyap carried the manuscripts but it has come during the course of investigation that wife of Vinit Kumar received manuscripts. Amanpreet Singh Barar had talks with the Chairman and the printing press continuously. Niti Ranjan, the I.T. Manager of BSSC, has very categorically stated that Amanpreet Singh Barar and Director of printing press are also involved in leaking the question papers. Hence, the petitioners do not deserve bail.

Perused the records and the case diary.

The informant got information that Pawan Kumar and Atul Ranjan Sinha were distributing the questions and answers to the examinees of BSSC. The examination was scheduled to be held in four phases. First examination was to be held on 29.01.2017. Second examination was to be held on 05.02.2017. The police on such information raided the rented house of Pawan Kumar and Atul Ranjan Sinha and from that house Pawan Kumar, Bipin Kumar, the petitioner of Cr. Misc. No. 21097 of 2017, and Navneet Kumar were apprehended. The police recovered articles such as bluetooth, mobile, question papers, admit cards of different candidates etc. Bipin Kumar, who happens to be brother- in-law (sister's husband) of Pawan Kumar. Pawan Kumar Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 10/15 disclosed the names of many persons, namely, Kaushal Kishore, Rameshwar Kumar and Avinash Kumar. Avinash Kumar is Data Entry Operator of BSSC. Pawan Kumar disclosed that Avinash Kumar assured him to supply question papers and answer sheets and he and his friends used to leak out the question papers and used to supply answer sheets through electronic apparatus to different candidates who paid them Rs. 5-6 lacs. Pawan Kumar very categorically stated that Bipin Kumar is also involved in leaking. During the course of investigation Prashant Kumar, Vidya Nand Bharti and Sikander came to the I.O. and disclosed that they also received whats app message of answer sheets on their mobiles with regard to examination to be held on 05.02.2017. During the course of investigation, it further transpired that Avinash Kumar, the Data Entry Operator of BSSC, and Parmeshwar Ram, Secretary of BSSC, are also indulged in leaking the questions for illegal gain. Avinash Kumar, the Data Entry Operator, was apprehended and he disclosed the entire facts that how the racket being carried out. He further disclosed that Bipin Kumar is also one of the active members of the gang, which is indulged in getting jobs to candidates by supplying answer sheets through electronic tools on payment of hefty amounts. Pawan Kumar further disclosed that he used two mobiles which were left with Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 11/15 Pratima, wife of Bipin Kumar. Ramesh @ Rameshwar Kumar also got whats app message of questions and answer sheets of the examination to be held on 05.02.2017. Ramesh @ Rameshwar also confessed and many other persons were arrested and their mobiles were seized. During the course of investigation, it also transpired that Ram Ashish Singh, director of AVN school, and his relative Ram Sumer Singh are also involved. They used to print out the questions just before the beginning of examination and used to send whats app message to different persons of his gang. Thereafter, they got whats app messages of answer sheets delivered to different candidates. Centre of examination was also in the AVN school situated in Rajeev Nagar, Patna. On the basis of disclosure made by Ram Ashish Singh and Ram Sumer Singh role of Gauri Shanker Singh, Anand Sharma, Om Prakash Gupta came to light along with Rishidev Singh, Dinesh Kumar Yadav, Atal Bihari Ray and Mukesh Kumar. It further transpired during the course of investigation that several candidates got question and answer sheets before the scheduled time of examination and the role of Sri Sudhir Kumar, Chairman of the BSSC, Parmeshwar Ram, Secretary of BSSC, Avinash Kumar, Data Entry Operator and Niti Ranjan, I.T. Manger of BSSC was suspected as question papers and answer sheets were supplied to the relatives of Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 12/15 Chairman and other officers of BSSC and also to the candidates who gave money to them and others for getting appointment on different posts.

Sri Sudhir Kumar, Chairman of the BSSC, denied to have played any role in the scam. He disclosed that questions papers are printed by Vinit Kumar, Director of Confisec Pvt. Ltd. and Ajay Kumar @ Ajay Kashyap used to carry the manuscripts. He disclosed that one Das Gupta, Professor of I.I.T. Delhi, was setter of question papers but when it was enquired by the I.O., one Tapan Das Gupta was found in I.I.T. Delhi as Assistant Professor in Mechanical Engineering but he denied to have set the question papers of any examination of BSSC.

Amanpreet Singh Barar is the supplier of OMR but it transpired that Amanpreet Singh Barar was also evaluator of answer sheets. Amanpreet Singh Barar was in regular touch with Vinit Kumar, petitioner No.1 of Cr. Misc. No. 20500 of 2017, director of printing press. During the course of investigation, Niti Ranjan, the I.T. Manager of BSSC disclosed that Vinit Kumar and Ajay Kumar @ Ajay Kashyap are in regular touch with each other. They are also involved in the scam of leaking question papers for the examination to be held for appointment to different posts under BSSC. It further transpired that Sri Sudhir Kumar, Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 13/15 Chairman of the BSSC, is also involved in the scam of question papers leaking. Thereafter, his brother Prof. Awadhesh Kumar, Manju Kumari, wife of Awadhesh Kumar, Ashish and Arun, sons of sister of Sudhir Kumar, were arrested and they disclosed that Sudhir Kumar, Chairman of the BSSC, had left the question papers at his parental house situated at Hazaribagh. Ashish and Arun got the answer sheets from Radha Prasad, father of Sudhir Kumar. According to Rules of BSSC the Chairman is responsible for getting question papers set, answer sheets and get them printed and keep secretly. Sri Sudhir Kumar, the Chairman of the BSSC, could not be able to disclose that who was the setter of the questions of examination. He was always in touch with Vinit Kumar, Director of the printing press and Ajay Kumar @ Ajay Kashyap. Sudhir Kumar disclosed that Ajay Kumar, staff of Vinit Kumar, used to carry the manuscripts but it transpires that questions papers and manuscripts were received by wife of Vinit Kumar. Amanpreet Singh Barar was only to supply OMR sheets to the printing press and he had nothing to do with the printing press but it was found that Amanpreet Singh Barar, Vinit Kumar and others were in regular touch with the Chairman and the Secretary of BSSC. Niti Ranjan, I.T. Manager of BSSC, Vinit Kumar and Amanpreet Singh Barar were also in touch with each other and Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 14/15 they are instrumental in getting the questions paper leaked.

It appears that a gang of many persons such as Pawan Kumar, Bipin Kumar and others, in collusion with the staff of BSSC, are indulged in getting the questions papers leaked of different examinations to be held for appointment on different posts. The members of the gang also got the question papers through AVN school with the help of Ram Ashish Singh, Ram Sumer Singh and other teachers of the school. The questions papers were also leaked at the stage of Chairman of BSSC, who made his statement and from perusal of his statement, it appears that he was responsible for getting the question papers set. He disclosed the name of one Das Gupta, Professor of I.I.T. Delhi, setter of the question papers but it transpired that Sri Das Gupta, Assistant Professor of Mechanical Engineering, I.I.T. Delhi did not set any question paper with regard to BSSC examination. Sudhir Kumar did not disclose the name of such person who set the question paper. Ashish Kumar and Arun Kumar, nephew (sister's son) of Sudhir Kumar, Chairman of the BSSC, also appeared at the examination and they also admitted along with Awadhesh Kumar that Sudhir Kumar left the question papers at the residence of his father so that his relatives got the questions papers along with answers. From perusal of the entire case diary, Patna High Court Cr.Misc. No.20500 of 2017 (12) dt.03-07-2017 15/15 the C.D.R. and the report of Forensic Science Laboratory, it appears that all the accused persons continuously talked with each other before the examination. The Chairman of the BSSC did not maintain secrecy in keeping the manuscripts and the answer sheets. It appears that manuscripts were sent to the printing press through different persons. Even the question paper was set by whom has not been disclosed by the Chairman who is solely responsible for maintaining secrecy. It has come that Director, printing press, and Ajay Kumar @ Ajay Kashyap, staff of the printing press, along with other accused persons are also involved in leaking question papers of the examination held for appointment on different posts in different departments of Government of Bihar. It appears that it is a big scam.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/-

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