T. Abhimanyu Dora And Others State Of Odisha

G. Satapathy, J

These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Golanthara PS Case No. 447 of 2025 corresponding to GR Case No. 1564 of 2025 pending in the file of learned JMFC(R)(Cog), Berhampur corresponding to CID CB, Cuttack PS Case no. 07 of 2025, which is re-registered by CBI as RC-35(A)/2025-BBS (RC0152025A0035) now pending in the Court of learned 3rd Addl. Sessions Judge, Bhubaneswar, vide CT No. 99 of 2026 for commission of offences punishable U/Ss. 61(2)/318(4)/ 319(2)/238/249/111 of the BNS, 2023 read with Sec. 11(1)/12(1) of the Odisha Public Examination (Prevention of Unfair Means) Act, 2024.

The allegation against the petitioners traces its origin from the fact that in the intervening night of 29/30th September, 2025, the Berhmapur Police acting on a credible intelligence information intercepted three luxury tourist Buses near the interstate border of Girisola and Ichhapuram and the said three Buses were found carrying 114 persons towards Vijayanagaram in the State of Andhra Pradesh, but on being questioned, the occupants of the Buses failed to provide satisfactory explanation and confessed to have association with accused-Muna Mohanty of Bhubaneswar, accused-Sankar Prusty and others only to get confidential information relating to question papers of Combined Police Service Examination(CPSE), 2024 scheduled to be held on 5th & 6th October, 2025 for recruitment of Police Inspector and equivalent Group-C post from the aforesaid persons on payment of Rs.25,00,000/- each. On further enquiry, it is learnt that Odisha Police Recruitment Board(OPRB) had issued advertisement to conduct CPSE 2024 on 5th & 6th October, 2025 and accordingly, OPRB had outsourced and entrusted M/S. ITI Limited to undertake the process of examination, but M/S. ITI Limited sublet the contract to M/S. Silicon Techlab Pvt. Ltd., being represented by the petitioner-accused Suresh Chandra Nayak who thereafter engaged M/S. Panchsoft Tech. Pvt. Ltd. for field-level activities including centre vetting frisking and supervision. The aforesaid 114 occupants of the three Buses were found to be the candidates for recruitment examination and they were being found transported by the accused petitioner-Muna Mohanty, Sankar Prusty and others to Vijayanagaram in three Buses being escorted by one Scorpio car, but prior to transportation of the candidates, the petitioner-Suresh Chandra Nayak on 9th September 2025 had been to Saraswati Printing Press in Kolkata being accompanied by OPRB Official to deliver the finalized question paper set packet No. 05 for printing, but he deceitfully contacted the confidential section manager of press to deliver packet No. 03 only to illegally help the candidates on the assurance of illegal gratification. The investigation also reveals that in March, 2025, prior to the scheduled dates for CPSE 2024 exam, the unscrupulous network hoarded approximately 130 to

150 candidates at the Chandrika Nature Resort in Bhubaneswar and the candidates had been taken to Apsara Luxury Hotel in Digha, West Bengal and subsequently, they were shifted to Remote Safe House in Sunderban(Royal Bengal Resort and New Suranjana Resort) to leak the question paper systematically to the candidates by displaying digitally and this was the precise reason, the recruitment examination was abruptly cancelled by OPRD at the midnight of 5th & 6th March , 2025 following the leak of question papers. Initially FIR in this case was registered against 119 named accused persons including 114 candidates and certain individuals of M/s. Silicon Techlab Pvt. Ltd. and M/s. Panchsoft Tech. Pvt. Ltd and others. After registration of the case, the investigation was initially handed over to Crime Branch, but subsequently, it was handed over to CBI who after conducting necessary investigation has filed two preliminary charge sheets in the meantime, however, finding prima facie complicity of the petitioners, they were taken into custody in connection with this case together with the candidates detained, but the candidates were subsequently granted bail by the learned concerned Sessions Judge, however, the bail application of the present petitioners being rejected, they are before this Court in these bail applications.

In the course of hearing of these 17(seventeen) bail applications, the respective counsels appearing for the petitioners by highlighting the allegations against them submits that there is in fact no prima facie case against the petitioners and they are falsely implicated in this case, however, the investigation having been completed with petitioners remaining in custody for around seven to eight months, their bail applications may kindly be considered sympathetically. It is accordingly prayed for grant of bail to the petitioners. In addition, the counsel appearing for petitioner-Muna Mohanty submits that since the petitioner has undergone surgery and he being on interim bail, his interim bail may kindly be made regular because he has to undergo further surgery after three months.

On the other hand, Mr.Sarthak Nayak, learned counsel appearing for the CBI by inviting attention of the Court to the allegation against the petitioners submits that not only the petitioners are prima facie involved in this case, but they have stalled the recruitment examination for the post of Sub- Inspector and Group-C post and thereby, they are prima facie responsible to stall progress of the State affecting the general public and the recruitment examination having been cancelled twice for the action of the petitioners definitely corrodes the trust of the general public on the system and example may be set by refusing the bail application of the petitioners. Accordingly, Mr.Nayak prays to reject the bail application of the petitioners.

After having considered the rival submissions upon perusal of record, there appears allegation against the petitioners for leaking the question papers of the CPSE 2024, in a systematic and organized manner by receiving illegal gratification of crores of rupees. It is also found from the record that the CPSE, 2024 was earlier cancelled due to the aforesaid reason forcing it to be re-conducted on 5th & 6th October, 2025 which was again forced to be cancelled. There appears allegation on record against the petitioner-Muna Mohanty, Sankar Prusty, Suresh Chandra Nayak, the proprietor of M/s. Silicon Techlab Pvt. Ltd., systematically and illegally approaching the issue for conduct of the recruitment examination by their alleged act. The specific allegation against the petitioner-T.Abhimanyu Dora is for entering into conspiracy with co-accused petitioner Muna Mohanty to assist him in a planned manner for execution of illegal operation of leaking of question papers and he had allegedly monitored personally for boarding of the candidates in three buses travelling to Vijayanagaram and he was also identified in TI parade conducted in jail. Similarly, there is allegation against the petitioner-Priyadarsini Samal for influencing and managing the candidates in travelling in the Buses to Vijayanagram under the active direction of Muna Mohanty and helped him in leaking the question paper to candidates. It is also alleged that the petitioner-Lokanath Sahoo is the driver-cum-agent of petitioner-Muna Mohanty and he has allegedly supported the operation of leaking the question paper to the candidates. More or less is the allegation against petitioner-Srikanta Maharana who has allegedly participated in the criminal conspiracy to assist Muna Mohanty in planning and executing the illegal operation of leaking the question paper and he had allegedly acted as intermediary between the candidates and co-accused persons. The petitioner-Biswajit Harichandan is alleged to have assisted Muna Mohanty as his agent and has allegedly played an active role in shifting the candidates to Vijayanagaram and has helped in the process of leaking the question paper to the candidates. The petitioner-Sagar Kumar Gouda is a close associate of principal accused Sankar Prusty, who was allegedly arranging candidates for providing question papers for SI examination on receipt of illegal gratification and the petitioner was allegedly looking after the transportation and arrangements of the candidates from Balasore to Digha. The petitioner-Tafim Ahemmad Khan is also a close associate of accused Muna Mohanty and he has allegedly participated in the process of leaking question papers to the candidates. The petitioner-Suresh Chandra Nayak is the Director of M/s. Silicon Techlab Pvt. Ltd. and he was entrusted with preparation and printing of question papers and its transportation to OPRD, but he has become allegedly instrumental in leaking the question papers. Besides, the petitioners-Suresh Chandra Nayak, Tafim Ahemmad Khan & Epili Sitaram are also wanted in another criminal case on similar issue relating to recruitment of ASO for the High Court of Orissa as submitted at the Bar. In addition, the petitioner-Biswajit Harichandan is also involved in another criminal case as submitted at the Bar. The specific allegation against the petitioners-Biranchi Nayak & Arabinda Das is for guiding and transporting 45 candidates from hotel Opulence Kalinga to Digha and the allegation thereby against him for actively participating in leaking the question paper for the CPSE, 2024 exam scheduled to be held in March, 2025. The allegation against the petitioner-Nimain Charan Sahoo is for obtaining question paper and providing it to the candidates prior to the exam which was supposed to be held in March, 2025. The allegation against the petitioner-Arjun Naik is for taking Rs.3,00,000/- from one candidate Sukesh Pradhan for providing Government job in Odisha and accordingly, the petitioner allegedly has also persuaded more candidates for providing job to them on payment of illegal gratification and he has allegedly arranged the candidates for the petitioner-Biranchi Naik for obtaining question papers. It is further alleged that the petitioner-Biswaranjan Behera being a Sepoy in Special Security Battalion (SSBn), Bhubaneswar has allegedly played pivotal role in criminal conspiracy by inducing candidates with false assurance of securing appointment as Sub-Inspector of Police and he allegedly collected and retained original educational certificates of the candidates and has also demanded Rs.15 to Rs.25 lakhs for securing job to such candidates. The petitioner-Epili Sitaram is alleged for arranging candidates-aspirants for CPSE 2024 and has allegedly assured the candidates for selection as Sub-Inspector in Odisha Police in return of illegal gratification. The petitioner-Amit Bharati @ Ram Babu Yadav has allegedly some role in sending a group of person from Patna Bihar to Sundarban for managing arrangements related to SI recruitment examination which was supposed to be held in March, 2025 and lastly, the petitioner-Nitish Kumar is allegedly found in leaking the question papers to the candidates at Sundarban for the examination which was scheduled to March, 2025. These are few allegations as gathered from the record, but the larger angle of conspiracy and the role as alleged against the petitioners are available in detail in the record. Besides, sabotaging exam in this way by leaking the question paper definitely corrodes the morals of meritorious candidates' inasmuch as the CPSE 2024 was cancelled twice for the alleged action of the petitioners. The allegations against the petitioners definitely reveal a crime against society which cannot be accepted in any way. Further, the allegation against the petitioners discloses socio-economic offence of huge magnitude and the petitioners are alleged to be actively involved in this case for leaking the question paper on receipt of certain payments of lakhs of rupees from each candidate. No civilized society can ever accept the leaking of question papers for recruitment to Government posts forcing the Government to cancel the examination. This Court is, however, conscious with the legal proposition that the charge sheet has already been submitted and the petitioners are in custody for some time, but that is not enough to consider the bail application of the petitioners in a case like this. In this regard, this Court is also alive with the decision in State of Bihar & another Vrs. Amit Kumar Alias Bachcha Rai; (2017) 13 SCC 751 wherein the Apex Court while dealing with somewhat similar issue has held at Paragraph-8 as under:-

"8. A bare reading of the order impugned discloses that the High Court has not given any reasoning while granting bail. In a mechanical way, the High Court granted bail more on the fact that the accused is already in custody for a long time. When the seriousness of the offence is such the mere fact that he was in jail for, however, long time should not be the concern of the courts. We are not able to appreciate such a casual approach while granting bail in a case which has the effect of undermining the trust of people in the integrity of the education system in the State of Bihar."

It is also equally important that if an undeserving candidate is allowed to get the job by corrupt means, not only the society will be deprived of deserving candidates, but also it would be unfair for those meritorious candidates who are honestly working hard and waiting for the exam, but ultimately finding themselves disentitled to the post because of such fraudulent practices of unscrupulous persons. It is equally important that the socio-economic offence constitute a class apart and need to be visited with different approach in the matter of bail as held by the Apex Court in plethora of decisions. Further, the investigation in this case has been kept open and many more things are yet to be unearthed and the CBI has very recently filed a supplementary charge sheet in this case.

In view of the above facts and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the materials so placed on record and there being allegation against the petitioners for leaking the question paper by forging documents and adopting unfair corrupt practices ultimately forcing the OPRB to cancel the recruitment examination twice affecting the meritorious candidates at large and lastly, taking the role as alleged against the individual petitioners, this Court is not inclined to grant bail to any of the petitioners.

Hence, these 17(Seventeen) bail applications of the Petitioners stand rejected. Accordingly, these BLAPLs stand disposed of. The petitioner-Muna Mohanty is on interim bail since 11.02.2026 for his treatment, but in the meantime, he has already undergone surgery and he was advised for bed rest for two weeks w.e.f. 16.05.2026. Hence, the interim bail of the petitioner-Muna Mohanty is not extended any further and he is directed to surrender to custody after undergoing the aforesaid bed rest within 21 days hence.