Prafulla C. Pant JUDGMENT
N.V. Ramana, J.
1. Leave granted.
2. This criminal appeal is filed by State of Bihar against the final judgment and order dated 14.02.2017 passed in Criminal Miscellaneous No. 53391 of 2016, by the High Court of Judicature at Patna, wherein the High Court has passed following order:
Considering the entire facts and circumstances of this case, especially the period of custody already undergone by the Petitioner, let the Petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two local sureties of the like amount each to the satisfaction of learned Special Judge, vigilance, 1st, Patna/successor court in connection with Special case No. 32 of 2016 arising out of Patna Kotwali Police Station Case No. 270 of 2016 after framing of the charge in the case which must be framed within a month, failing which the Petitioner would be released on bail on furnishing bail bond with condition that the Petitioner shall fully co-operate with the trial of the case and shall not indulge in any educational activity till the conclusion of the trial or any criminal activities. On report of subsequent criminal activity of the Petitioner, the court below shall be at liberty to cancel his bail bond in this case also.
3. Aggrieved by the above order of the High Court, granting conditional bail to the Respondent, State of Bihar is in appeal before us.
4. Brief factual matrix in the present matter is that the students of one Vishnu Rai College, Kiratpur Raja Ram Bhagwanpur, Vaishali, were successful in occupying first ten places in the merit list of Intermediate Examination conducted by Bihar Intermediate Education Council. Subsequently there was a report in the electronic media about the poor intellectual capacity of those who have topped the Intermediate Examination in the State of Bihar. In light of scathing media reports, students whose names were part of the merit list were called for an interview before the Bihar Schools Complex Committee. Subsequently a written complaint was lodged by the Director of Secondary Education. Consequently an FIR bearing P.S. Case No. 270/2016 dated 06.06.2016 was registered before the Kotwali Police Station Patna Under Section 420, 465, 468, 471, 120B of Indian Penal Code, 1860. Thereafter, investigation was conducted which revealed fraudulent practices prevailing in Bihar Intermediate Examination involving students and management of the said Vishnu Rai College resulting in the arrest of the Respondent herein.
5. Assailing the impugned order of the High Court, which granted conditional bail to the Respondent, learned senior Counsel Mr. Siddharth Luthra appearing on behalf of the State of Bihar contended that, the High Court erred in not taking into consideration the gravity of the offence. He further contended that the Respondent herein, Principal of Vishnu Rai College, is the king pin of what is publically known as 'Bihar Toppers Scam' and thereby countered the argument of parity. Relying on the excerpts of the case diary and seizure memo, which were not considered by the High Court, he pointed out that a prima facie case is made ou........