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Patna High Court – Orders
Rahul Anand @ Bittu vs The State Of Bihar on 28 July, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84277 of 2024
Arising Out of PS. Case No.-6 Year-2024 Thana- C.B.I CASE District- Patna
======================================================
Rahul Anand @ Bittu S/o Naresh Kumar Singh R/v Khusrupur (Near
Government Hospital) Ps-Khusurupur, Dist-Patna. At present R/o Room no.
225, Hostel no. 9, AIIMS, Phulwarisharif, Distt.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Central Bureau of Investigation, CGO Complex, New Delhi New Delhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ansul, Sr. Adv.
Mr. Aditya Pandey, Adv.
Mr. Aditya Raj Singh, Adv.
Ms. Eshita Raj, Adv.
Mr.Anuj Kumar, Adv.
For the CBI : Mr. Subodh Kumar Jha, Sr. CGC
Mr. Ram Tujabh Singh, CGC
Mr.Abhimanyu Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
SINGH
ORAL ORDER
9 28-07-2025
Heard learned counsel for the petitioner and learned
counsel for the Central Bureau of Investigation.
2. The petitioner has preferred this application for
grant of regular bail in connection with Shastri Nagar P.S. Case
No. 358 of 2024 dated 23.06.2024 registered for the offences
punishable u/ss 407, 408, 409 and 120B of the Indian Penal
Code. Subsequently, the case was taken over by the C.B.I. and
re-registered as RC No. 221/2024/E0006/EO-III/ CBI, New
Delhi on 23.06.2024.
3. As per the prosecution case, on 05.05.2024, during
Patna High Court CR. MISC. No.84277 of 2024(9) dt.28-07-2025
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patrolling, the informant got information from his senior
officials that in the NEET Examination, 2024, an organized
gang, some students and some examination conducting staffs, in
collusion with one another had destroyed the integrity and
sanctity of the chain of custody of the question papers and
leaked the question papers. He was also informed that some
members of the organized gang were moving in a white colour
Renault Duster Car around the examination centre. For the
verification of the same, on checking, when he intercepted the
white Duster Car bearing Registration No. JH01BW0019, three
people who were trying to escape, were caught on the spot and
told their names as 1. Sikandar Yadvendu, 2. Akhilesh Kumar
and 3. Bittu Kumar. On searching the car, four xerox copies of
Admit Cards of four candidates, namely, Abhishek Kumar,
Shivnandan Kumar, Aayush Raj and Anurag Yadav were
recovered from the shelf of the front seat and two mobile
phones were recovered from the pocket of Sikandar Yadvendu.
On interrogation regarding the question papers, he said that
some of his students are appearing in the examination at the
various centers whose setting were managed by Sanjeev Singh,
Rocky, Nitesh and Amit Anand. They had taken some of the
students to memorize the answers of the NEET question papers.
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After informing the same to his officials, when he reached DAV
Public School, BSEB Colony and verified about Ayush Raj, he
came to know that he is in Room No. 18. After the examination
got over, on interrogation of Ayush Raj, he told the informant
that he was taken to Learn Boys Hostel and Learn Play School,
the night before the examination and was handed over the
question papers and the answer sheets and was asked to
memorize them alongwith 20-25 other students. On searching
the student, NEET Admit Card, test booklet, Aadhar Card, Pan
Card, Passport Photo and Postcard were recovered from his
possession. Thereafter, the informant prepared the seizure list
and on the basis of his self statement, the present case has been
instituted.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. The petitioner is not named in the F.I.R. The name of
the petitioner has surfaced in this case during the course of
investigation. It is further submitted that the petitioner was not
involved in the NEET Exam paper leak. The petitioner has not
committed any offence in the manner as alleged and no any
incriminating material has been found from his possession.
Learned counsel has further submitted that the alleged offence is
Patna High Court CR. MISC. No.84277 of 2024(9) dt.28-07-2025
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triable by the Magistrate. The co-accused person, Ayush Kumar
@ Ayush Raj has already been granted regular bail by a
Coordinate Bench of this court vide order dated 24.01.2025
passed in Cr. Misc. No. 70959 of 2024. The other co-accused
persons have already been granted regular bail by this court vide
order dated 09.04.2025 passed in Cr. Misc. No. 74464/2024.
Learned counsel has further submitted that not a single receipt
or paper has been filed on behalf of the prosecution showing
that the petitioner is involved in the alleged offence. The
petitioner has no concern with the alleged offence. No any
question papers and the solved papers have been recovered from
the possession of petitioner and the co-accused persons. The
petitioner has clean antecedent as stated in para 3 of the bail
petition. The petitioner is in custody since 18.07.2024.
5. Learned counsel for the C.B.I. has vehemently
opposed the bail petition of the petitioner and submitted that the
regular bail application of the co-accused person has already
been rejected by a Coordinate Bench of this court vide order
dated 27.03.2025 passed in Cr. Misc. No. 80486/2024. A
counter affidavit has been filed on behalf of the Opposite Party
CBI, EO-III, New Delhi and submitted in para 12 of the counter
affidavit is that the petitioner is a student of MBBS course at
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AIIMS, Patna and he is a member of the solvers gang of the
leaked question paper of NEET UG 2024. He had participated in
solving the question paper at the instance of the main
conspirators at Raj Guest House, Ramnagar, Hazaribagh,
Jharkhand in the forenoon of 05.05.2024. Learned counsel has
further submitted in para 13 of the counter affidavit is that due
to the involvement of the petitioner in the commission of crime,
he was arrested on 18.07.2024. Subsequently, 05.10.2024, a
charge-sheet was filed against the petitioner/ accused Rahul
Anand @ Bittu (A-28) U/s. 120-B r/w 109, 201, 380, 409, 411,
420 IPC and Sections 13(2) r/w 13(1)(a) of the PC Act, 1988 (as
amended in year 2018) and under substantive offence of Section
109 and 411 IPC. Further Investigation U/s 173(8) Cr.P.C. is
kept open against other conspirators. Learned counsel has
further submitted in para 15 of the counter affidavit is that the
evidence has come on record against the petitioner, Rahul
Aanand @ Bittu as under :-
(i) Investigation has revealed that the Patna group of
solvers was led by Chandan Singh (A-29) and consisted of
Kumar Shanu (A-27), Rahul Anand (A-28), Karan Jain (A-26),
Surbhi Kumari (A-30), Raunak Raj (A-33), and Amit Kumar
(A-35). Amit Kumar (A-35) had also brought his college mate
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except Sanoj Kumar Yadav went to Raj Guest House on
05.05.2024 and solved the stolen NEET question paper.
(ii) Investigation has further revealed that for the
NEET UG 2024 exam, Sanjay Kumar (A-36) tasked Chandan
Singh (A-29) with arranging dummy candidates. Under Sanjay
Kumar’s direction, Chandan Singh (A-29) arranged for Kumar
Shanu (A-27), Rahul Anand (A-28). Karan Jain (A-26), Surbhi
Kumari (A-30), Raunak Raj (A-33), Amit Kumar (A-35), and
Sanoj Kumar Yadav to sit as dummy candidates.
(iii) Investigation has further revealed that Sanjay
Kumar (A-36) took Chandan Singh (A-29), Kumar Shanu (A-
27), Rahul Anand (A-28), and Karan Jain (A-26) to a photo
studio at Phulwarisarif near AIIMS, Patna, to have their
photographs taken for filling out the NEET 2024 examination
forms. Raunak Raj (A-33) and Amit Kumar (A-35) forwarded
their photographs and signatures directly to Sanjay Kumar (A-
36) via WhatsApp. Sanjay Kumar (A-36) arranged the entire
process, including paying for the photographs and collecting
their signatures for the NEET application forms.
(iv) Investigation has further revealed that the accused
Sanjay Kumar (A-36), accused solvers Chandan Singh (A-29),
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Kumar Shanu (A-27), and Rahul Anand (A-28) left Patna on the
night of 26.04.2024 and traveled to Koderma by the Ganga
Damodar Express while another accused solver Surbhi Kumari
(A-30) traveled to Koderma directly from Ranchi, and Amit
Kumar (A-35) flew from Chennai to Ranchi on 02.05.2024 via
Indigo flight, later reaching Koderma on 03.05.2024. Accused
solver Raunak Raj (A-33) also flew from Mumbai to Ranchi and
then reached Hazaribagh. Accused Solver Karan Jain (A-26)
travelled from Patna to Koderma by train on ticket booked by
Kumar Abhishek for coming to Hazaribagh on 04.05.2024.
(v) Investigation has further revealed that on
27.04.2024, accused solvers Chandan Singh (A-29), Kumar
Shanu (A-27) and Rahul Anand (A-28), along with Kumar
Abhishek and Tinku Kumar, stayed at Ramson Hotel in
Koderma. They later moved to Hotel Tara Tower, where they
stayed until 03.05.2024. On 03.05.2024, the group shifted to
Hotel Sri Vinayak in Hazaribagh. All the hotel bookings were
made by Sanjay Kumar (A-36) and Kumar Abhishek.
(vi) Investigation has further revealed that on
05.05.2024, accused solvers Chandan Singh (A-29), Rahul
Anand (A-28), Surbhi Kumari (A-30), and Karan Jain (A-26)
left Hotel Sri Vinayak around 05:30 a.m. in a black Creta car
Patna High Court CR. MISC. No.84277 of 2024(9) dt.28-07-2025
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and arrived at Raj Guest House. Kumar Shanu (A-27), Amit
Kumar (A-35), and Raunak Raj (A-33) followed shortly after
and also reached Raj Guest House. The investigation revealed
that all members of this group, except Sanoj Kumar Yadav, who
remained at the hotel, were present at Raj Guest House and
participated in solving the stolen NEET question paper.
(vii) Investigation has further revealed that at Raj
Guest House, several solvers were assigned specific subjects to
solve. Kumar Shanu (A-27), along with Deependra Sharma (A-
31) and Sandeep, were tasked with solving the biology paper.
Surbhi Kumari (A-30) and Raunak Raj (A-33) were assigned
the chemistry paper, while Chandan Singh (A-29), Rahul Anand
(A-28), and Amit Kumar (A-35) were responsible for solving
the physics paper. Karan Jain (A-26) was designated to handle
all the difficult and time-consuming questions.
(viii) Investigation has further revealed that
afterwards, the solvers i.e. Karan Jain (A-26), Chandan Singh
(A-29), Rahul Anand (A-28), Kumar Shanu (A-27), Surbhi
Kumari (A-30), Amit Kumar (A-35),left Raj Guest House and
were dropped off at Hotel Sri Vinayak in a white Scorpio N
vehicle. At the hotel Sri Vinayak, accused Sanjay Kumar (A-36)
and Sanoj Kumar Yadav were waiting for them. Here these
Patna High Court CR. MISC. No.84277 of 2024(9) dt.28-07-2025
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solvers made extrajudicial confessions regarding the solving of
the question paper before Sanoj Kumar Yadav.
(ix) Investigation has further revealed that on
05.05.2024, solvers Chandan Singh (A-29), Kumar Shanu (A-
27), Rahul Anand (A-28), Amit Kumar (A-35), and Karan Jain
(A-26) were dropped off at Hazaribagh Town Railway station
by Kumar Abhishek and Tinku Kumar. From there. they
boarded the Vande Bharat Express and reached Patna around
22:00 Hrs. The tickets for their journey were booked by Kumar
Abhishek.
(x) Due to his involvement in the commission of
crime, the petitioner/accused Rahul Anand was arrested on
18.07.2024. Subsequently on 05.10.2024, a chargesheet was
filed against accused Rahul Anand @ Bittu (A-28) U/s. 120-B
r/w 109, 201, 380, 409, 411. 420 IPC and Section 13 (2) r/w 13
(1) (a) of PC Act, 1988 (as amended in the year 2018) and under
the substantive offence of sections 109 and 411 IPC. Further
investigation is kept open against other conspirators U/s. 173(8)
(xi) It is well settled that a First Information Report
(FIR) is not an encyclopedia, which must disclose all facts and
details relating to the offence reported. The involvement of
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petitioner / accused Rahul Anand @Bittu was revealed during
investigation and accordingly, he was arrested on the basis of
evidence against him.
(xii) During the course of investigation, a hard disk of
laptop and a mobile have been seized from the present residence
of the petitioner / accused Rahul Anand at Patna and the same
were forwarded to CFSL, New Delhi for cyber forensic
analysis.
(xiii) It is further submitted that the earlier bail
application of the petitioner/accused Rahul Anand was rejected
by Hon’ble Court of Special Judge CBI-II, Patna by observing
that the allegations are quite serious in nature. The nature of the
crime and the involvement of these accused do not justify the
grant of bail.
6. Considering the aforesaid facts and circumstances
of the case as well as the period of custody, the petitioner above-
named, is directed to be enlarged on bail on furnishing bail-
bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, C.B.I-II., Patna in connection with CBI Case as
RC No. 221/2024/E0006/ EO-III, C.B.I.,New Delhi arising out
of Shastri Nagar P.S. Case No. 358 of 2024 with the
Patna High Court CR. MISC. No.84277 of 2024(9) dt.28-07-2025
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conditions :-
(i) One of the bailors shall be a close relative of the
petitioner who shall give genealogy as to how he is related to
the petitioner.
(ii) The petitioner is directed to remain physically
present before the learned Court below on each and every date,
failing which on two consecutive dates without reasonable
cause, the bail bond of the petitioner is liable to be cancelled.
(iii) The petitioner shall not intimidate and/or
influence the witnesses by inducement, fraud or promise.
(iv) The petitioner shall not leave the territory of
India without permission of the Court and shall hand over the
passport, if any to the C.B.I.
7. The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
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