Patna High Court - Orders
Sunil Kumar vs State Of Bihar & Anr on 10 June, 2015
Author: V.N. Sinha
Bench: V.N. Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45590 of 2014
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Rajeev Ranjan Prasad @ Rajiv Ranjan Son of Late Dinesh Prasad
Sharma R/o Manju Tent House, Khagaul Road, Mithapur, P.S. Jakkanpur,
District Patna
.... .... Petitioner/s
Versus
1. The State of Bihar Through Economic offence Unit
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.9930 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Rajesh Pandit son of Ram Narayan Pandit, resident of Chandaur P.S.
Sour Bazar, District Madhubani
.... .... Petitioner/s
Versus
1. The State of Bihar trhrough Economic Offence Unit, Bihar, Patna
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.10569 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Gautam Kumar Son of Bir Prakash Gupta, Resident of Mohalla- Sanjay
Nagar, Road No. 4, Police Station- Jakkanpur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.7806 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Upendra Kumar Dikshit Son of Kariman Singh Yadav, Resident of
village- Tilauti, P.S. Haspura, District- Aurangabad
2. Sahja Nand Kumar Son of Raja Ram Singh, Resident of village-
Patna High Court Cr.Misc. No.45590 of 2014 (6) dt.10-06-2015 2
Mahesparasi, P.S. Upahara, District- Aurangabad
3. Shyam Bihari Prasad Son of Dudh Nath Ram, Resident of village-
Ropahatha, P.S.- Nokha, Dist. Rohtas
4. Bashisth Kumar Son of Phagu Ram Resident of village- Ropahatha, P.S.-
Nokha, Dist. Rohtas
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.6365 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Ravindra Kumar Singh @ Rabindra Kumar S/o Sahdeo Singh Resident of
Village Saidpur, Police Station Bind, District Nalanda.
2. Ramchandra Rai S/o Chalitar Rai Resident of Village Mahudabad, Police
Station Mohaddi Nagar, District Samastipur.
3. Pramod Kumar S/o Dhruv Lal Yadav Resident of Village Maheshpur,
Police Station Saur Bazar, District Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.10219 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Raj Kumar son of Ramakant Mandal, resident of Dimaha (Diyara), P.S.-
Ismilpur, District- Bhagalpur
.... .... Petitioner/s
Versus
1. The State of Bihar through Economic Offence Unit Bihar, Patna
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.11402 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Ram Pravesh Kumar Son of Vijay Yadav Resident of Mohalla- Sansar,
Pakhar Yadav Total Ward no. 19 Town Lakhisarai, P.S. Lakhisarai,
Patna High Court Cr.Misc. No.45590 of 2014 (6) dt.10-06-2015 3
District- Lakhisarai.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.7206 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Chitranjan Pandey S/o Bishwanath Pandey Resident of Village Pipary,
P.S. Natwar, District Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Economic Offence Unit Patna, Bihar.
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.6775 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Bijay Kumar Son of Late Sudarshan Singh Resident of Village/Mohalla-
Gaurakshani, Sasaram, P.S.-Sasaram, District-Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Economic Offence Unit Patna, Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.3516 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
Sunil Kumar
.... .... Petitioner/s
Versus
State of Bihar & Anr
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.46537 of 2014
Patna High Court Cr.Misc. No.45590 of 2014 (6) dt.10-06-2015 4
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
Krishna Nandan Singh
.... .... Petitioner/s
Versus
The State of Bihar Through Economic offence Unit
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.48374 of 2014
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Anoj Kumar S/o Sri Ramashray Rajak Resident of Village Katahari, P.S.
Asthanvan, District Nalanda.
2. Shubham Bharti S/o Sri Navin Kumar Mandal Resident of Village
Chakala Maulanagar, P.S. Sameli, District Katihar.
3. Arbind Kumar S/o Sri Swarn Kumar Gupta Resident of Village
Mohanpur, P.S. Jamalpur, District Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Economic Officer Unit.
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.49940 of 2014
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Aquil Zubair Hashmi Son of Late S.M. Zubair R/o A/70, Ali Nagar
Colony, Anisabad, P.S. Gardanibagh, District Patna (the then Joint
Secretary, Staff Selection Commission, Bihar, Patna)
.... .... Petitioner/s
Versus
1. The State of Bihar Through The Special P.p. Economic offences, Bihar,
Patna
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.6517 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Muni Shankar Singh Son of Late Bishun Singh Resident of Village -
Balua Dhanmukhi, P.S. - Ghorasahan (Jitna O.P.), District - East
Patna High Court Cr.Misc. No.45590 of 2014 (6) dt.10-06-2015 5
Champaran.
2. Bireshwar Singh Son of Late Hawaldar Singh Resident of Village -
Belahia, P.s. - darpa, District - East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.20486 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. PREM CHANDRA @ PREM CHAND Son of Achyanta Nand Sinha,
Resident of village- Kiranpur, P.S. Medni Chowk, District- Lakhisarai
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.15800 of 2015
Arising Out of PS.Case No. -23 Year- 2012 Thana -ECONOMIC OFFENCES, BIHAR District-
PATNA
======================================================
1. Tej Narayan Singh Son of Late Raghunandan Singh, Resident of village-
Pachhpareriya (Bhagwanpur), P.S. Ratanpur, District- Supaul (Bihar)
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
(In Cr.Misc. No.45590 of 2014)
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
M/S. Bhaskar Shankar, Saket Kumar
Singh and Meena Singh
For the Opposite Party/s : Mr. V.N.P. Sinha (For Eou)
(In Cr.Misc. No.9930 of 2015)
For the Petitioner/s : Mr. Manoj Kumar Pandey
For the Opposite Party/s : Mr. Mr. Vishwanath Pd. Sinha (Adv. For
Eou)
(In Cr.Misc. No.10569 of 2015)
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv.
Mr. Navin Kumar Pandey
Patna High Court Cr.Misc. No.45590 of 2014 (6) dt.10-06-2015 6
Mr. Jharkhandi Upadhya
For the Opposite Party/s : Mr. V..N.P. Sinha, Spl. P.P.
(In Cr.Misc. No.7806 of 2015)
For the Petitioner/s : Mr. Vikram Deo Singh &
Mr. Rajendra Kumar Deo
For the Opposite Party/s : Mr. V.N.P. Sinha, Spl. P.P.
Mr. Vijay Anand
(In Cr.Misc. No.6365 of 2015)
For the Petitioner/s : Mr. Manish Kumar No-2
For the Opposite Party/s : Mr. Pramod Kumar Pandey(App)
(In Cr.Misc. No.10219 of 2015)
For the Petitioner/s : Mr. Manoj Kumar Pandey
For the Opposite Party/s : Mr. V.N.P.Sinha(For Eou)
(In Cr.Misc. No.11402 of 2015)
For the Petitioner/s : Mr. Om Prakash Maharaj
For the Opposite Party/s : Mr. A.M.P. Mehta (App)
(In Cr.Misc. No.7206 of 2015)
For the Petitioner/s : Mr. Sita Ram Yadav
For the Opposite Party/s : Mr. Shyam Kumar Singh(App)
(In Cr.Misc. No.6775 of 2015)
For the Petitioner/s : Mr. Sita Ram Yadav
For the Opposite Party/s : Mr. Mr.V N P Sinha (For Eou)
(In Cr.Misc. No.3516 of 2015)
For the Petitioner/s : Mr. Sita Ram Yadav
For the Opposite Party/s : Mr. Mr.V N P Sinha (For Eou)
(In Cr.Misc. No.46537 of 2014)
For the Petitioner/s : Mr. Ajay Kumar Sharma
For the Opposite Party/s : Mr. V.N.P. Sinha (For Eou)
(In Cr.Misc. No.48374 of 2014)
For the Petitioner/s : Mr. Bindeshwar Kumar
For the Opposite Party/s : Mr. Mr. Vishwanath Pd. Singh (Adv. For
Eou)
(In Cr.Misc. No.49940 of 2014)
For the Petitioner/s : Mr. Vikramdeo Singh,
Mr. Sada Nand Ray
For the Opposite Party/s : Mr. Vishwanath Pd.Singh(Eou)
(In Cr.Misc. No.6517 of 2015)
For the Petitioner/s : Mr. Naresh Chandra Verma
For the Opposite Party/s : Mr. V.N.P.Sinha(For Eou)
(In Cr.Misc. No.20486 of 2015)
For the Petitioner/s : Mr. Vikramdeo Singh
Mr. Vinay Prakash Mishra.
For the Opposite Party/s : Mr. S.M. Rahman (App)
(In Cr.Misc. No.15800 of 2015)
For the Petitioner/s : Mr. Parmeshwar Mehta
For the Opposite Party/s : Mr. Shardanand Jha(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE V.N. SINHA
ORAL ORDER
6 10-06-2015Heard learned counsel for the petitioners and Patna High Court Cr.Misc. No.45590 of 2014 (6) dt.10-06-2015 7 Mr. Vishwanath Prasad Singh, learned Special Public Prosecutor for the Economic Offences Unit of the State of Bihar.
2. These 16 Criminal Misc. applications have been filed praying, inter alia, for grant of bail in the event of arrest or surrender in connection with Economic Offences P.S. Case No. 23 of 2012 pending in the court of the learned Chief Judicial Magistrate, Patna registered for the offences punishable under sections 420, 468, 472 and 120(B) of the Indian Penal Code in connection with the irregularities committed with the O.M.R. sheets of the examinees pursuant to competitive examination held for the post of Junior Engineer by the Bihar State Staff Selection Commission.
3. The 16 criminal misc. applications can be separated in four categories. Category one is by the examinee petitioners i.e. serial nos. 10, 11, 12, 14 to 18, 20, 126 and 127 who appeared in the examination as candidate. Category two is by the Homeguards, who were on duty guarding the strong room in which O.M.R. sheets of the said examination were kept i.e. serial nos. 13, 19 and 22. The Homeguards were on duty outside the strong room from the date of examination until the date of raid i.e. between 13.09.2012 till 19.10.2012. Category three is the Assistant Sub Inspector, Homeguard, who allocated duty to Patna High Court Cr.Misc. No.45590 of 2014 (6) dt.10-06-2015 8 the Homeguards to guard the strong room. The fourth category serial no. 21 has been filed by A. Z. Hashmi, Joint Secretary of the Commission and one of the two Incharge of the strong room along with Sri Rajesh Kumar. It is said that he was Incharge of the strong room with respect to the O.M.R. sheets of the examination conducted for filling up the post of Auditor and not Junior Engineer. It may be stated here that in the strong room O.M.R. sheets concerning both Auditor and Junior Engineers examination were kept, though the dates of the two examinations were different.
4. Learned counsel for the examinee petitioners i.e. serial nos. 10, 11, 12, 14 to 18, 126 and 127 submitted that from the Forensic Science Laboratory report there does not appear any tampering in the original O.M.R. sheets vis- à-vis their carbon copy. It is also submitted that none of these examinees have been named in the confessional statement of any of the co-accused. It is further submitted that the examinee petitioners have been implicated in the case as photo copy of their marks-sheet were recovered from the apartment in the fourth raid conducted in the apartment but the apartment owner wherefrom marks-sheets have been recovered have been admitted to the privilege of bail in the event of arrest under order Patna High Court Cr.Misc. No.45590 of 2014 (6) dt.10-06-2015 9 dated 11.04.2014 passed in Criminal Misc. No. 18696 of 2013 and similar treatment be allowed to the examinee petitioners as well.
5. So far as the Homeguard petitioners are concerned, it is submitted on their behalf that they were relieved from the guarding duty on 04.10.2012 and the raid having been conducted on 19.10.2012, their complicity in the tampering of the O.M.R. sheets cannot be established as tampering might have been committed after they have been relieved from guarding duty.
6. For the Assistant Sub Inspector, Homeguard, it is submitted that he is not instrumental in the tampering of the O.M.R. sheets in any manner as he has been only responsible for deputing the Homeguard(s) for guarding the strong room and once the Homeguards were posted outside the strong room, it was their responsibility to have ensured that the seal of the strong room is not tampered with and if any tampering with the seal has been made, it is their responsibility for which Sub Inspector, who deputed the Homeguards cannot be held responsible.
7. Serial no. 21 has been filed by Aquil Zubair Hashmi, who is said to be the Incharge of the strong room in Patna High Court Cr.Misc. No.45590 of 2014 (6) dt.10-06-2015 10 which O.M.R. answer sheets were kept. It is submitted on his behalf with reference to paragraphs 109, 110, 226, 408, 458, 478, 669 and 671 of the case diary that he cannot be held responsible for any tampering in the O.M.R. sheets as he was not the Incharge of the strong room in which O.M.R. sheets concerning Junior Engineer Examination was kept.
8. Learned Senior Counsel appearing for the Economic Offences Unit has refuted the submissions. He submits that from bare perusal of the O.M.R. sheets of the examinee petitioners it would appear that there has been tampering in the O.M.R. sheets as from the carbon copy of the concerned O.M.R. sheets it appears that the concerned examinee has answered less number of questions but in the O.M.R. sheet kept in the strong room he is found to have answered more number of questions. Had the examinee answered more number of questions, there was no occasion for the answers not to appear in its carbon copy, it is a glaring case in which tampering of the O.M.R. sheet(s) is evident from the naked eyes which could have been possible only after tampering the seal of the strong room for which all those, right from the Incharge of the strong room, the guards guarding the same as also the beneficiary examinee, have to be held responsible as none could enter the Patna High Court Cr.Misc. No.45590 of 2014 (6) dt.10-06-2015 11 strong room without tampering with the strong room without the connivance of the guards, may be posted at the gate or outside the strong room including the Incharge of the strong room.
9. In the circumstances, I have no option but to reject the request of the Examinee, Homeguards, may be posted on the gate or outside the strong room also the Joint Secretary, Incharge of the strong room with a direction to them to surrender in the court below within four weeks from the date of this order and apply for regular bail which should be considered in accordance with law taking into account the fact that Investigating Agency has not submitted charge-sheet even after passage of more than two years of the examination held on 30.09.2012 and raid conducted on 19.12.2012.
10. The Assistant Sub-Inspector, Homeguard having deputed the Homeguards, his duty was not to supervise their activity, I direct that the Assistant Sub Inspector, Homeguard should also surrender within the same time and on his so surrendering, he be granted the privilege of bail by the court below itself on his furnishing bail bond of Rs.5000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Economic Offence P.S. Case No. 23/2012.
Patna High Court Cr.Misc. No.45590 of 2014 (6) dt.10-06-2015 12
11. All the sixteen criminal misc. applications are, thus, disposed of with the observation and direction aforesaid.
(V.N. Sinha, J) Amin/-
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