Rohit Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5428 of 2024 Arising Out of PS. Case No.-11 Year-2023 Thana- Cyber P.S. District- Lakhisarai ====================================================== ROHIT RAJ SON OF UMESH RAM RESIDENT OF VILLAGE - NAYA TOLA JAKARPURA (BACK OF THANA), P.S. - SURAJGARHA, DISTRICT - LAKHISARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 13215 of 2024 Arising Out of PS. Case No.-11 Year-2023 Thana- Cyber P.S. District- Lakhisarai ====================================================== Sarlock Home's SON OF NAVEEN KUMAR SINGH R/O VILLAGERISHIPAHARPUR, P.S.- MEDNI CHAUKI, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 5428 of 2024) For the Petitioner/s :

Mr. N.K. Agarwal Mr.Binay Kumar Mr. Amaresh Kumar Sinha Mr. Saroj Kr. Chaudhary For the Opposite Party/s :

Mr.Ram Bilash Roy Raman (In CRIMINAL MISCELLANEOUS No. 13215 of 2024) For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Lakhisarai Cyber P.S. Case No. 11 of 2023 instituted for the offence under Sections 419, 420, 120(B) of the Indian Penal

Patna High Court CR. MISC. No.5428 of 2024(3) dt.03-04-2024 2/3 Code and Section 66(D) of the Information Technology Act. 3.

As per allegation levelled in the FIR, in the written examination of Constable Recruitment Examination conducted by the Central Selection Board (Constable Recruitment) Bihar, Patna, accused persons including the petitioners were active at different examination centers at Lakhisarai to provide answer of questions to the candidates after taking money and admit card from lots of examinees by an organized gang of Mednichowki and Surajgarha. On search, pocket printers, mobiles, pass books and answer sheets were recovered from their possession. 4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 02-10-2023. Petitioner Rohit Raj has one criminal antecedent and Petitioner Sarlock Homes has no criminal antecedent as disclosure made in para 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioners have been falsely implicated in the present case. Petitioners have no concern with the alleged recovered articles rather it were planted. No incriminating article has been recovered from the conscious possession of the petitioners. There is no compliance of Section 100 of the Cr.P.C.. Other co-accused has been granted bail by this Court

Patna High Court CR. MISC. No.5428 of 2024(3) dt.03-04-2024 3/3 vide order dated 19-02-2024, passed in Cr. Misc. No. 8415 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and claim based on parity, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhisarai Cyber P.S. Case No. 11 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T