Allowed

Kapildev Kumar v. The State of Bihar through Economic Offence Unit

Patna HC24 Mar 2023CR. MISC./4739/2023

Case brief

AI extract

What is this about?

This order grants bail to multiple petitioners accused of leaking BPSC examination question papers pending framing of charges, directing release after furnishing bonds and ensuring antecedent verification by the trial court.

What did the court decide?

Petitioners released on bail pending framing of charges, subject to bond of Rs. 10,000 each with two sureties and conditions regarding antecedent verification and trial conduct.

Kapildev Kumar Vs The State of Bihar through Economic Offence… — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43874 of 2022

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Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna

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======================================================

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AMIT KUMAR SINGH @ AMIT KUMAR S/O JAI PRAKASH SINGH Resident of village- Sukhashan, P.S.- Madhepura, District- Madhepura, A/P R/O House of Dr. Madhu Sinha, Nala Road, Langertoli Gali, Near Koeri Panchit Baithka, P.S.- Kadamkuan, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar through Economic Offence Unit Patna. Bihar

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 44015 of 2022

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Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna

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======================================================

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RAHUL KUMAR SON OF SRI YOUGESHWAR SINGH R/O VILLAGECHIRIYAWAN, P.S.- ATRI, DISTRICT- GAYA

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR THROUGH ECONOMIC OFFENCE UNIT, PATNA BIHAR

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 44423 of 2022

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Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna

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======================================================

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RAJESH KUMAR SON OF SRI ARJUN PRASAD R/O VILLAGEJAGARNATHPUR, P.S.- SAJAUR, DISTRICT- BHAGALPUR

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR THROUGH ECONOMIC OFFENCE UNIT, PATNA BIHAR

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... ... Opposite Party/s

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======================================================

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with CRIMINAL MISCELLANEOUS No. 45555 of 2022

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Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna

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Patna High Court CR. MISC. No.43874 of 2022(13) dt.24-03-2023 2/9

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======================================================

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AVINASH KUMAR @ TOOFANI S/O SHYAMANAND MANDAL Resident of village- Auray, P.O. Auray, P.S.- Puraini, District- Madhepura.

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... ... Petitioner/s

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Versus

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The State of Bihar Through the Economic Offence Department Government, Bihar, Patna BIHAR

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 49162 of 2022

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Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna

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======================================================

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SANJAY KUMAR S/o Inradeo Ram Resident of New Colony, Bhaluahi Kharkhura, P.S.- Delha, District- Gaya, presently residing at Near Machali Market, Machhuatoli, Renter in the House of Ajay Kumar, P.S.- Kadamkuan, Districtd- Patna.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 50503 of 2022

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Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna

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======================================================

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ABHISHEK TRIPATHI SON OF SRI SHAILENDRA KUMAR TRIPATHI R/O VILLAGE- BHITAWA, P.S.- KHALILABAD, DIST.- SANT KABIR NAGAR (U.P.)

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... ... Petitioner/s

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Versus THE STATE OF BIHAR THROUGH ECONOMIC OFFENCE UNIT Bihar

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 50791 of 2022

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Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna

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======================================================

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PRAVEEN KUMAR YADAV Son of Sri Motilal Yadav @ Moti Lal R/VNahas Rupauli P.S- Bishfi Dist- Madhubani

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... ... Petitioner/s

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Patna High Court CR. MISC. No.43874 of 2022(13) dt.24-03-2023 3/9

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Versus

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The State of Bihar through Economic Offence Unit Bihar

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 52422 of 2022

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Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna

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======================================================

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NISHIKANT RAI @ NISHIKANT KUMAR RAI S/O BHOLA RAI VILLAGE DUDHRA, P.S. GORIYA KOTHI, DISTRICT SIWAN

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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The Superintendent of Police, Economic Offences Unit, Bihar, Patna Bihar

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 53280 of 2022

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Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna

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====================================================== MAHESH PURVEY @ MAHESH KUMAR SON OF SHYAM BABU PURVEY @ SHYAM NARAYAN PURVEY R/O VILLAGE- NAHAS RUPAULI, P.S.- BISHFI, DIST.- MADHUBANI

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR THROUGH ECONOMIC OFFENCE UNIT PATNA

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 59621 of 2022

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Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR

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District- Patna

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====================================================== KRISHN MOHAN SINGH Son of Rajeshwar Prasad Singh Resident of village - Bahuaara, P.S.- Rajapakar, District - Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ======================================================

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Patna High Court CR. MISC. No.43874 of 2022(13) dt.24-03-2023 4/9

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with

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CRIMINAL MISCELLANEOUS No. 4739 of 2023

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Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR

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District- Patna

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====================================================== KAPILDEV KUMAR Son of Rameshwar Yadav R/V- Bhitgharwa P.SBarachatti, Dist- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar through Economic Offence Unit Bihar

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... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 43874 of 2022) For the Petitioner/s : Mr.Ashok Kumar, Adv. For the Opposite Party/s : Mr.Ajay Mishra,APP (In CRIMINAL MISCELLANEOUS No. 44015 of 2022) For the Petitioner/s : Mr.Pravin Kumar, Adv. For the Opposite Party/s : Mr.Vishwanath Pd. Sinha, APP (In CRIMINAL MISCELLANEOUS No. 44423 of 2022) For the Petitioner/s : Mr.Pravin Kumar, Adv. For the Opposite Party/s : Mr.Vishwanath Pd. Sinha, Sr. Adv. (In CRIMINAL MISCELLANEOUS No. 45555 of 2022) For the Petitioner/s : Mr.Shekhar Kumar Singh, Adv. For the Opposite Party/s : Mr.Vishwanath Pd. Sinha, Sr. Adv. (In CRIMINAL MISCELLANEOUS No. 49162 of 2022) For the Petitioner/s : Mr.Pranav Kumar, Adv. For the Opposite Party/s : Mr.Ajay Mishra, APP (In CRIMINAL MISCELLANEOUS No. 50503 of 2022) For the Petitioner/s : Mr.Chandra Mohan Jha, Adv. For the Opposite Party/s : Mr.V.N.P. Sinha, Sr. Adv. (In CRIMINAL MISCELLANEOUS No. 50791 of 2022) For the Petitioner/s : Mr.Chandra Mohan Jha, Adv. For the Opposite Party/s : Mr.Ajay Mishra, APP (In CRIMINAL MISCELLANEOUS No. 52422 of 2022) For the Petitioner/s : Mr.Dr. Kumar Uday Pratap, Adv. For the Opposite Party/s : Mr.Ajay Mishra, APP (In CRIMINAL MISCELLANEOUS No. 53280 of 2022) For the Petitioner/s : Mr.Chandra Mohan Jha, Adv. For the Opposite Party/s : Mr.Ajay Mishra, APP (In CRIMINAL MISCELLANEOUS No. 59621 of 2022) For the Petitioner/s : Mr.Binod Kumar Sinha, Adv. For the Opposite Party/s : Mr.Umesh Lal Verma, APP (In CRIMINAL MISCELLANEOUS No. 4739 of 2023) For the Petitioner/s : Mr.Binod Kumar, Adv. For the Opposite Party/s : Mr.Vishwanath Pd. Sinha, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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Heard learned counsel for the petitioners and

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13 24-03-2023

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Patna High Court CR. MISC. No.43874 of 2022(13) dt.24-03-2023 5/9

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learned A.P.Ps. for the State and also Mr. Vishwanath Prasad Sinha, learned senior counsel assisted by Mrs. Soni Srivastava, learned counsel appearing the for Economic Offenses Unit.

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The petitioners seek bail in a case registered for the offence under Sections 420, 467, 468, 120(B) of the Indian Penal Code and Section 66 of the Information Technology Act and 3 and 10 of the Bihar Examination Control Act, 1981.

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The case pertains to outflow of the question paper of 67th BPSC Examination. The petitioner along with others are alleged to have had taken money in exchange of supplying the question papers/answer-sheets to the candidates.

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Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It has been submitted on behalf of the petitioners that during course of investigation, name of co-accused, Anand Gaurav @ Pintu Yadav has surfaced who was allegedly carrying out a racket of out-flowing the question papers of several competitive examination being held in the Bihar including the questions of BPSC. It has

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Patna High Court CR. MISC. No.43874 of 2022(13) dt.24-03-2023 6/9

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further submitted that on the basis of a call detail report of mobile number of Anand Gaurav @ Pintu Yadav, involvement of the these petitioners came into existence in the entire case.

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It is the specific and unanimous case of the petitioners that they have not been named in the F.I.R. and theirs names have transpired in this case during course of investigation on the basis of confessional statement of the co-accused and subsequently confession of the petitioners were recorded before the police which has got no evidentiary value according to Section 25 of the Evidence Act. It is also contended that nothing incriminating have been recovered from the exclusive possession of the petitioners which could connect the active participation of the petitioners in the alleged racket of leaking the question papers of the Government competitive examinations.

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It is also contended that one of the coaccused,namely, Sudhir Kumar @ Sudhir Kumar Singh has been granted bail vide order dated 17.01.2023 by a coordinate Bench of this Court passed in Cr. Misc. No.53947 of 2022 and the case of these petitioners stands on identical footing to that of the co-accused, Sudhir Kumar @ Sudhir

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Patna High Court CR. MISC. No.43874 of 2022(13) dt.24-03-2023 7/9

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Kumar Singh and on that ground of parity, petitioners seek sympathetic view of this Court.

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The petitioners, namely, Amit Kumar Singh @ Amit Kumar, Praveen Kumar Yadav, Rajesh Kumar, Nishikant Rai @ Nishikant Kumar Rai, Krishn Mohan Singh, Abhishek Tripathi, Rahul Kumar, Mahesh Purvey @ Mahesh Kumar, Sanjay Kumar, Avinash Kumar @ Toofani and Kapildev Kumar have been languishing in judicial custody since 21.05.2022, 08.06.2022, 20.05.2022, 15.05.2022, 15.05.2022, 05.06.2022, 28.05.2022, 08.06.2022, 01.06.2022, 17.06.2022 and 21.08.2022, respectively.

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Learned Senior counsel appearing the Economic Offenses Unit and also learned A.P.Ps. appearing for the State vehemently opposed the prayer for bail of the petitioners and fairly submits that the case of these petitioners stands on identical footing as that of the co-accused, who has been granted bail by a co-ordinate Bench of this Court vide order dated 17.01.2023 passed in Cr. Misc. No.53947 of 2022. It has also been submitted that the petitioners, namely, Rajesh Kumar and Mahesh Purvey @ Mahesh Kumar, and Abhishek Tripathi carry one case each other than the present one while the other petitioners bear the clean antecedent.

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Patna High Court CR. MISC. No.43874 of 2022(13) dt.24-03-2023 8/9

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Considering the facts and circumstances of the case and the period of custody of the petitioners as also the fact that the co-accused has already been granted bail by this Court, let the, above named, petitioner be released on bail on, after framing of charge, furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Economic Offence P.S. Case No. 20 of 2022 with the following conditions:-

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(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.

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(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed

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Patna High Court CR. MISC. No.43874 of 2022(13) dt.24-03-2023 9/9

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their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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brajesh/-

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U T

Kapildev Kumar v. The State of Bihar through Economic Offence Unit

Case brief

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Kapildev Kumar v. The State of Bihar through Economic Offence Unit

Case brief

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