Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6778 of 2024 Arising Out of PS. Case No.-504 Year-2023 Thana- Arwal District- Arwal ====================================================== Rakesh Kumar Son of Yadunandan Prasad Resident of Village-Mahdipur, P.S.-Shakurabad, Distt.-Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jogendra Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Arwal P.S. case No.504 of 2023 instituted for the offences under Sections 419, 420, 467, 468, 120B, 414 of the Indian Penal Code and Section 66(D) of the I.T. Act and Section 3 of the Bihar Examination Conduct Act or Bihar Control of Examination Act.

3. Prosecution allegation, in short, is that on secret information that some unfair means was being used in the examination of Constable Recruitment by accused persons including this petitioner, police raided the place of occurrence. On search, several electronic devices, 26 admit cards, walkie-

Patna High Court CR. MISC. No.6778 of 2024(2) dt.16-02-2024 2/3 talkie and other articles were recovered from the co-accused Ajit Kumar.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner rather the recovery has been made from the coaccused Ajit Kumar. The petitioner has no concern with the recovered articles. The co-accused persons have already been granted bail vide Cr. Misc. No. 3889 of 2024, Cr. Misc. No. 3747 of 2024 and Cr. Misc. No. 3895 of 2024 by the co-ordinate Benches of this Court. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.10.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity, clean criminal antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.6778 of 2024(2) dt.16-02-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Arwal P.S. case No.504 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T