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Patna High CourtCR. MISC./3889/2024allowed

Pintu Kumar @ Chotu v. The State Of Bihar

2024-02-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3889 of 2024 Arising Out of PS. Case No.-504 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== Pintu Kumar @ Chotu Son of Ramparvesh Singh @ Ram Pravesh Singh R/o vill - Jinapura, P.S. - Arwal, Distt. - Arwal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 419, 420, 467, 468, 120(B), 414 of the Indian Penal Code, Section 66-D of the I.T Act and Section 3 of the Bihar Control of Examination Act.

The prosecution case as per F.I.R is that on getting information that some unfair means are being used in the examination of Constable Recruitment, raid was laid and one Ajit Kumar was apprehended from his house and from his possessions, several electronic

Patna High Court CR. MISC. No.3889 of 2024(2) dt.01-02-2024 2/3 devices, 26 admit cards, walky-talky device and other equipment were recovered. He has confessed that those devices were provided by the petitioner. The petitioner was also apprehended by the police and a mobile was recovered.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The name of the petitioner transpired on the confessional statement of co-accused Ajit Kumar which has no evidentiary value in the eye of law. From the possession of the petitioner, no incriminating article was recovered. The petitioner is languishing in custody since 02.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period

Patna High Court CR. MISC. No.3889 of 2024(2) dt.01-02-2024 3/3 under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 504 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T