IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55363 of 2019

Arising Out of PS. Case No.-44 Year-2017 Thana- AGAMKUAN District- Patna

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Atal Bihari Rai, Male, aged about 39 years, Son of Ganesh Rai, Resident of

Village Barakagaon Mansingh Patti, P.S. Industrial Buxar, District Buxar, A/p

resident of Chanrahas Pathakji Ka Makan, Babuganj, Rafiganj, P.S. Rafiganj,

District Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar through Vigilance Department, Patna.

... ... Opposite Party/s

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Appearance :

For the Petitioner

:

Mr. Rama Kant Prasad Singh, Advocate

For the SIT

:

Mr. Ajay Mishra, APP

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA

ORAL ORDER

7

22-06-2020

Heard Mr. Rama Kant Prasad Singh, the learned

counsel for the petitioner, Mr. Ajay Mishra, the learned

Additional P.P. for the SIT and the learned counsel appearing on

behalf of the Vigilance through video conferencing.

The petitioner seeks bail in Special Case No.11 of

2017, arising out of Agamkuan P.S. Case No.44 of 2017,

registered under Sections 419, 420, 467, 468, 471, 120B and 34

of the Indian Penal Code, under Section 66D of the Information

Technology Act as well as under Sections 7, 8, 9, 13(1) (c) (d)

(e) read with Section 13(2) of the Prevention of Corruption Act.

The prosecution case, in short, as alleged by

Dhirendra Kumar Singh, ASI of Agamkuan P.S., in his written

report is that in the night of 03.02.2017, the informant got

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information that in the first floor of the house of Dina Nath

Singh situated in Mohalla Kanti Factory Road, Mahatma

Gandhi Nagar, Pawan Kumar and Atul Ranjan Sinha were

involved in a racket/scam for getting meritless candidates

passed through in the competitive examination to be held by

Bihar Staff Selection Commission (for brevity ‘BSSC’) for

recruitment in different Muffasil offices, Government of Bihar

by getting question and answer sheets and making them

available to such candidates who had already paid hefty amount

to Pawan Kumar, Atul Ranjan Sinha and their partners. On such

information, a raid was conducted. Three persons, namely,

Pawan Kumar, Bipin Kumar and Navnit Kumar were

apprehended and they disclosed the names of Atul Ranjan

Sinha, Gorelal @ Kaushik and Bhola @ Nitesh who were their

partners in the scam for getting such candidates selected in the

competitive examination. On search, electronic devices, such as

bluetooth, mobile phones, laptop, printer, ATM cards and cash

were recovered. They disclosed that they used to get the answer

sheets prior to commencement of the competitive examination

and transmit the same to the candidates who had paid to them

Rs.6,00,000/- through electronic gazettes before commencement

of the examination.

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Mr. Rama Kant Prasad Singh, the learned counsel for

the petitioner submits that the prayer for bail of the petitioner

was earlier rejected vide order dated 06.12.2017, passed in Cr.

Misc. No.32127 of 2017. It is submitted that the petitioner is not

named in the FIR. On the basis of the secret information,

Dhirendra Kumar Singh, S.I. of Agamkuan P.S., raided the

house of Dina Nath Singh and apprehended Pawan Kumar,

Bipin Kumar and Navnit Kumar but they did not disclose the

name of the petitioner. The petitioner since 20.06.2014 was

working as Math teacher in Balik High School, Rafiganj. The

petitioner was never a teacher in the AVN School. The petitioner

always put his signature in Balika High School, Rafiganj and he

was never present in AVN School, Rajiv Nagar. The police

apprehended the petitioner from his rented house and seized

Admit Card of one Vijay Kumar but Vijay