IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26647 of 2009 Mahendra Prasad Singh @ Dr.Mahendra Prasad Singh, son of Sri Brahmdeo Garain, resident of village-Usmanpur, P.S.-Ekangar Sarai, District-Nalanda, at present posted as Medical Officer, Public Health Centre, Narkatiaganj, District-West Champaran. ……….Petitioner. Versus The Central Bureau of Investigation, Government of India. ……….Opp. Party. with Cr.Misc. No.30197 of 2009 Akhileshwar Prasad Singh, son of Sri Raj Ballabh Singh, Resident of Village-Kailitand, P.O.-Sahtha, P.S.-Bhagwanpur, District-Vaishali, at present Maker, P.S.-Parsa, District-Saran. ………Petitioner. Versus The State of Bihar, through C.B.I. ………Opp. Party. with Cr.Misc. No.27430 of 2009 Dr. Anand kishore @ Annuji, son of Sri Anshudhar Prasad Sinha, resident of village+P.O.-Akbarpur, P.S.-Kahalgaon, District-Bhagalpur. ……….Petitioner. Versus The Union of India through C.B.I. ………..Opp. Party. ----------- 3 07.09.2009 Heard learned counsel for the petitioners and the counsel appearing for C.B.I. Petitioners are alleged to have participated in the conspiracy of serious scam which related to leakage of question papers of P.M.T./P.D.T. Examination, 2003. Prosecution case is that in lieu of heavy consideration money, ranging from 5 lakhs to 6 lakhs per candidate, examinees appearing in the entrance test were supplied hand written solved question papers, prior to examination by a gang, consisting of - 2 - Dr. Suman Kumar Singh @ Ranjit Singh @ Indrajit Kumar and others. Member of this gang in connivance with some public servants, obtained question papers kept under seal and safe custody and, thereafter, it was reached to such examinees who have paid money for that such candidiates, on account of leakage of question papers, came out as successful candidates and got admission in different medical colleges. Petitioners Dr. Mahendra Prasad Singh @ Dr. Mahendra Prasad Singh and Akhileshwar Prasad Singh are said to have paid money for admission of their sons and daughters. One of the petitioners namely, Dr. Anand Kishore @ Annuji is said to have passed over the hand-written examination papers, which was in fact, the leaked question papers, from one place to another and the beneficiaries taking advantage of that appeared in the examination and got their admission in reputed medical colleges. Counsel for the petitioners submits that they are not named in the F.I.R. The first charge sheet was submitted on 12.3.2004 and their names were not there. Supplementary charge sheet was submitted on 29.05.2009, in which petitioners have been shown as accused, who entered into an agreement with those accused persons, who are agent of Dr. Suman Kumar - 3 - Singh @ Ranjit Singh @ Indrajit Kumar. Counsel for the petitioners submits that at best they can be said to be the beneficiaries but not the conspirators. In the case of Dr. Anand Kishore @ Annuji, it has been submitted that no where in the charge sheet it is stated that the solved hand-written question papers were passed over by the petitioner to others, having knowledge of this fact that these are the question papers of P.M.T./P.D.T. examination, 2003. There is no evidence that he was involved in money transaction. The counsel for the Central Bureau of Investigation has vehemently opposed the anticipatory bail of the petitioners, stating that in the similar circumstances, in the case of other accused persons, anticipatory bail have been rejected and regular bail was allowed to them. There is no reason for granting privilege of anticipatory bail to these petitioners. Considering this fact that investigation in all these cases are complete no purpose will be served by rejecting prayer on behalf of petitioners namely, Mahendra Prasad Singh @ Dr. Mahendra Prasad Singh, Dr. Anand Kishore @ Annuji and Akhileshwar Prasad Singh, as such, in the event of their arrest or surrender before the court below within a period of - 4 - two weeks from today and on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, C.B.I., South Bihar, Patna, all three petitioners are granted anticipatory bail in connection with Special Case No. 13 of 2003 arising out of R.C. 24(A)/2003-PAT, subject to the conditions laid down under Section 438(2) Cr. P.C. Petitioners will have to assist the investigating agency, if they are called or noticed for that. They will appear and participate regularly during the trial on each and every day. In case of their absence during the trial, without seeking any permission from the court or without showing sufficient reasons for their absence for a single day’s their bail bonds shall be cancelled. Sanjeet/ (Mridula Mishra, J.)