Patna High Court: The CBI prayed for remand of Opposite Party 1 to 13 (‘accused persons’) in the National Eligibility cum Entrance Test (‘NEET’) question paper leak case, but CBI’s application was rejected by the Exclusive Magistrate, CBI, Patna (‘Exclusive Magistrate’) vide order dated 02-07-2024. Sandeep Kumar, J., permitted CBI to take custody of 13 accused persons involved in NEET paper leak case.
The Court ordered that notice must be issued to accused persons through Jailer, Beur Central Jail, Patna, by ordinary process, requisites, etc. The Court, after considering the seriousness of the case and in the interest of justice, opined that operation of the order dated 02-07-2024 passed by the Exclusive Magistrate shall remain stayed.
The Court permitted CBI to take the accused persons on remand. The Court held that the accused persons shall be taken in CBI custody till the period of fifteen days from the date of arrest expires as mentioned in the petition.
The Court directed the Exclusive Magistrate to grant the custody of the accused persons. The Court stated that the Superintendent of the Beur Central Jail, Patna/any other jail in which accused persons were in custody would give their custody to CBI and would hand over the accused persons to the CBI, without causing delay on any ground.
The matter would next be listed on 18-07-2024.
[CBI v. Nitish Kumar, 2024 SCC OnLine Pat 3773, decided on 12-07-2024]
Advocates who appeared in this case :
For the Petitioner: Advocate Avanish Kumar Singh
For the Opposite Party: Advocate Jharkhandi Upadhyay
