HARI OM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the revisions are directed against an order, dated 31st of January, 2019, passed in Special Case No. 11 of 2017, arising out of Agamkuan P.S. Case No. 44 of 2017, whereby and whereunder the Learned Special Judge, Vigilance 1st Court at Patna refused to discharge the petitioners from offences under Ss. 419, 420, 467, 468, 120B, 471 and 34 of the IPC, read with Sec. 120B of the IPC, and Sec. 66D of the I.T. Act, as well as Ss. 7, 8, 9, 13(i)(c)(d)(e) read with Sec. 13(2) of the Prevention of Corruption Act, 1988.

(2.) For the purpose of proper adjudication of the instant revision, the following facts are necessarily to be stated:-"Police made a suo motu FIR, on the basis of which the above-mentioned P.S. case was registered, stating, inter alia, that police received secret information that some FIR named persons were engaged in cheating in order to get through Staff Selection Commission Examination by unfair means using electronic gadgets like Bluetooth, etc. In order to work out the said information, a team of police personnel conducted raid in the house of one Pappu Singh, situated at Kanti Factory Road and found three persons, namely, Pawan Kumar, Vipin Kumar and Navanit Kumar engaged in some suspicious activities in connection with the said examination. On interrogation, the above-named three persons disclosed the name of Atul Ranjan Sinha, Gorelal @ Kaushik and Bhola @ Nitesh that they helped the candidates to cheat in the SSC examination by using electronic equipment to get through the said examination with flying colour. They also disclosed that they took Rs.6.00 lakhs each from the candidates on undertaking that they would hand over the questions with answers which would come in the examination. Moreover, the candidates were asked to use Bluetooth devices to be fixed under their vests through which they would dictate the answers of objective typed questions. Police seized certain electronic devices from the possession of the apprehended accused persons and the above-mentioned case was registered against the accused persons. Further case of the prosecution is that during the course of investigation, accused Ashish Kumar made confessional statement to the police stating the names of other accused persons. It is also alleged that the petitioner traveled with another co-accused to some place and met the mastermind of the entire scam who had access to the question papers of the examination which was scheduled to be held by Bihar SSC.

(3.) After investigation, police submitted charge-sheet against the petitioners and others, under the above stated penal provisions. The petitioners filed petitions under Sec. 227 of the Cr.P.C., praying for discharge on the ground that police failed to collect valid evidence and material against the petitioners to frame charges. The said application having been rejected by the Trial Court, the petitioners have filed above-named two revisional applications alleging the same grounds, assailing order, dated 31st of January, 2019.