Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4478 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Abhay Kumar Son Of Bandan Paswan Resident Of Village -PANSALLA Ward No No 6 Ps -Khodawandpur (Chhaurahi OP), Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.

It is alleged against the petitioner that he was involved in providing undue advantage through electronic devices to the candidates of Constable Examination. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. As per the prosecution

Patna High Court CR. MISC. No.4478 of 2024(2) dt.08-02-2024 2/3 case, electronic device, bluetooth, walkie-talkie, diary etc have been recovered from the possession of co-accused Sunil Kumar who is not petitioner before this Court. Nothing incriminating article was recovered either from the conscious possession or from the house of the petitioner. The petitioner is a student and he has no concern either with the arrested accused persons or the recovered apparatus. The petitioner is languishing in custody since 28.09.2023. 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 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 Sub-Divisional Judicial

Patna High Court CR. MISC. No.4478 of 2024(2) dt.08-02-2024 3/3 Magistrate, Manjhaul (Begusarai) in connection with Khodawandpur (Chhorahi O.P) P.S. Case No. 274 of 2023.

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