Sumit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.627 of 2019 Arising Out of PS. Case No.-55 Year-2017 Thana- MADHAURAH District- Saran ====================================================== Sumit Kumar Singh s/o Kanhaiya Singh Resident of Village- Majlishpur, P.S. Kopa, Dist- Saran Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-03-2019 The petitioner apprehends his arrest in connection with Marhowrah P.S.Case No. 55 of 2017 registered under Sections 419 and 420/34 of the Indian penal Code and 45 and 66(G)(Gh) of the Information and Technology Act, 2000.

Allegation as per the FIR is of hacking the password of I.T.I. examination one day prior to examination of 3rd semester and students who have been found absent in the Institute, out of them, one student came in the institute and produced admit card which was in the name of petitioner and since he has not been allowed to fill up form hence he and others succeeded in taking out admit card of 21 students after hacking the password in order to appear in the examination without giving fees and coaccused Om Prakash, being Director, has conducted the examination of petitioner and other co-accused persons.

Patna High Court CR. MISC. No.627 of 2019(3) dt.05-03-2019 2/2 Submission of learned counsel for the petitioner is that petitioner has already been granted anticipatory bail by the court below vide order dated 22.04.2017 passed in ABP No. 701 of 2017 but he could not surrender within time period and as such another bail application has been rejected by the impugned order.

Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to him rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on the basis of material available on record as well as on the fact that earlier he has been granted anticipatory bail by the Additional Sessions Judge-1st, Saran at Chapra on merit, without being prejudiced by this order. (Vinod Kumar Sinha, J) sujit/- U T