Patna High Court – Orders
Goutam Kumar @ Gautam Kumar vs The State Of Bihar on 21 January, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60633 of 2024
Arising Out of PS. Case No.-6 Year-2024 Thana- ECONOMIC OFFENCES, BIHAR
District- Patna
======================================================
Goutam Kumar @ Gautam Kumar S/O Ramanand Ray @ Ramanand Roy
Resident of Village Narayanpur Derhpura, PS Mahnar, Distt- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. ECONOMIC OFFENCE UNIT, BIHAR PATNA BIHAR
.. ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 74330 of 2024
Arising Out of PS. Case No.-6 Year-2024 Thana- ECONOMIC OFFENCES, BIHAR
District- Patna
======================================================
Sumant Kumar @ Suman Kumar Son of Ramanand Rai Village- Rajasan, Ps-
biddupur, Dist- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. The Additional Director General of Police, Economic Offence Unit, Bihar
bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 81749 of 2024
Arising Out of PS. Case No.-6 Year-2024 Thana- ECONOMIC OFFENCES, BIHAR
District- Patna
======================================================
Rambhawan Paswan S/o Late Lalan Paswan R/o vill - Barni, P.O. - Barni, P.S.
- Dhanarua, Distt. - Patna
... ... Petitioner/s
Versus
The State of Bihar through Economic Offence Unit, Patna BIhar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 60633 of 2024)
For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate
Mr. Shivnandan Bharti
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
For EOU : Mr. V.N.P. Sinha, Sr. Adv.
Mrs. Soni Srivastava, Adv
Mr. Vijay Anand, Adv.
(In CRIMINAL MISCELLANEOUS No. 74330 of 2024)
Patna High Court CR. MISC. No.60633 of 2024(4) dt.21-01-2025
2/6
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.
Mr. Manoj Madhukar,Adv.
For the Opposite Party/s : Mr.Narendra Kumar Singh, Adv.
For EOU : Mr. V.N.P. Sinha, Sr. Adv.
Mrs. Soni Srivastava, Adv
Mr. Vijay Anand, Adv.
(In CRIMINAL MISCELLANEOUS No. 81749 of 2024)
For the Petitioner/s : Mr. Mahendra Thakur
Mr. Mahesh Kumar
For the Opposite Party/s : Mr.Jagdhar Prasad
For EOU : Mr. V.N.P. Sinha, Sr. Adv.
Mrs. Soni Srivastava, Adv
Mr. Vijay Anand, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 21-01-2025
Heard the parties in all the batch cases.
2. The petitioners are in judicial custody in connection
with Economic Offence P.S. Case No. 6 of 2024 for the offences
punishable under Sections 420, 467, 468, 471 and 120(B)/34 of
the Indian Penal Code and section 3 & 10 of the Bihar Conduct
Examination Act, 1981 as also section 66 of the Information
Technology Act, 2000, lodged on 16.03.2024 by the informant,
Kumar Veer Dhirendra.
3. As per the prosecution story, the allegation is that
the Economic Offence Unit (henceforth for short ‘the EOU’)
upon information that the accused are involved in the leakage of
the examination papers relating to Teachers Recruitment
Examination-3 (henceforth for short ‘the TRE-3) which was to
take place on 15.03.2024 by the Bihar Public Service
Commission (henceforth for short ‘the BPSC’) reached Rajauli,
Nawada (Bihar) where number of Buses/Scorpios with Bihar
Patna High Court CR. MISC. No.60633 of 2024(4) dt.21-01-2025
3/6
registration found near Toll Plaza, within the jurisdiction of
Kora Police Station. ‘The EOU’ further got information that
some of the accused are present in Karbigahiya station parking
area with several set of question papers. It accordingly, raided
the place and several bags kept in number of vehicles
recovered/seized. 258 persons arrested from Kohinoor Banquet
Hall, most of them were candidates.
Cr. Misc. No. 60633 of 2024
4. So far as the petitioner, Goutam Kumar @
Gautam Kumar is concerned, he has been arrested from
Karbihahiya Parking area on 16.03.2024 itself, has no criminal
antecedent, submission is that only to assign a role, he has been
implicated.
Cr. Misc. No. 74330 of 2024
5. Regarding the petitioner Sumant Kumar @
Suman Kumar, allegation against him is that question papers
were recovered from the dickey of his motorcycle, is in custody
since 16.03.2024 having no criminal antecedent.
Cr. Misc. No. 81749 of 2024
6. Rambhawan Paswan is another petitioner and he
being the driver of the vehicle in which the question papers
were loaded, was called by ‘the EOU’ and after interrogation
Patna High Court CR. MISC. No.60633 of 2024(4) dt.21-01-2025
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was arrested and is in custody since 08.05.2024 having no
criminal antecedent.
7. Mr. Yogesh Chandra Verma, learned Senior
Counsel and Mr. Ajay Thakur, learned counsel have led the
arguments and it is their submissions that all the petitioners do
not have criminal antecedent, have already suffered by being in
custody since 16.03.2024 and 08.05.2024, if granted relief, shall
be diligently appearing in the trial.
8. Mr. V.N.P. Sinha, learned Senior Counsel for ‘the
EOU’, on the other hand, opposes the prayer submitting that
depriving the genuine candidates, they were helping rich and
mighty by leaking question papers.
9. Having gone through the facts of the case and the
materials available on record as also the submissions put
forward by the parties, this Court echoes the sentiment put
forward by learned Senior Counsel that in this country of over
140 Crores people, there are thousands of families who are poor
but having lights in their eyes to get into a government job to
better their future as also their family members. Everyday we
can see them at the public places with books in hands preparing
for the examinations. However, these accused persons allegedly
provide job to those who are rich and can pay. This affects the
Patna High Court CR. MISC. No.60633 of 2024(4) dt.21-01-2025
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genuine candidates.
10. However, so far as the bail is concerned, while
two of accused persons are in custody since March 2024, one
since May 2024, charge-sheet already submitted, they have no
criminal antecedent, an undertaking has been given by all the
learned counsels that given a chance, they shall be diligently
appearing in trial, in that background, this Court is inclined to
grant them the privilege of bail with strict conditions.
11. Let the petitioners be released on bail on
furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand)
each with two sureties of like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-1st, Patna in
connection with Economic Offence P.S. Case No. 6 of 2024,
subject to the following conditions:
(i) one of the bailors should be the family
member/relative of the petitioners who shall provide official
document to show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court failure to do so for two consecutive dates
without plausible reason will entail cancellation of their bond by
the Trial Court itself;
(iii) the petitioners shall appear before the concerned
Patna High Court CR. MISC. No.60633 of 2024(4) dt.21-01-2025
6/6police station every fortnight for next one year to mark their
attendance;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(vi) if any of the accused persons hold Indian
Passport, he shall be duty bound to surrender the same before
the learned Trial court and if required, can prefer petition before
the said court itself who will be well placed to decide on it and
if they do not own the Passport, an affidavit to this effect shall
be filed alongwith the bail bond that the accused/petitioner do
not hold any Indian Passport.
12. The bail applications are allowed.
(Rajiv Roy, J)
perwez
U T
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