Jyoti Prakash Narayan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5536 of 2019 Arising Out of PS. Case No.-483 Year-2018 Thana- JAKKANPUR District- Patna ======================================================

1. Jyoti Prakash Narayan, Son of Nawal Kishore Prasad, Resident of Village - Sekhpura, P.S. - Sekhpura, District - Sekhpura.

2. Nikesh Kumar, Son of Krishna Raut, Resident of Mohalla - Tilha, P.S.- Belachhi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Rajesh Kumar(App48) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2019 Heard learned counsels for the petitioners and the State.

The petitioners are languishing in custody since 10.10.2018 in a case registered for the offences punishable under Sections 406, 419,420, 467, 468, 469, 470, 471 and 120B/34 of the IPC. The prosecution case, as per the written report of Rajesh Kumar Singh, S.I. of Police, dated 09.10.2018, submitted to the Station House Officer, Jakkanpur Police Station, is to the effect that on the same day, the informant along with constables were on patrolling duty, when he received an information from the S.H.O. of Jakkanpur Police Station that some persons are staying at Parvati Guest House, who are collecting originals educational certificates, admit cards and money from the

Patna High Court Cr.Misc. No.5536 of 2019(2) dt.01-02-2019 2/3 candidates in the name of providing job, whereupon raid was laid and the petitioners were arrested. It is further alleged that from the possession of petitioner no.1, Jyoti Prakash Narayan, cash amount of Rs. 72,100/-, admit cards of three examinees, three mobile phones, a laptop, two ATM cards, a driving license, an adhar card were recovered, whereas from petitioner no.2, Nikesh Kumar, cash of Rs. 30,000/-, two blank cheque of IDBI Bank, admit cards of two examinees, two ATM cards, an identity card and two mobile phones were recovered. It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled against the petitioner. The FIR does not disclose the name of examination, to which, the admit cards were related and none of the alleged candidates have made any complaint about such incident. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners were arrested on the information that they used to take money from the students for impostering in different competitive examinations. Considering the nature of accusation and the fact that the investigation has already been concluded, coupled with the

Patna High Court Cr.Misc. No.5536 of 2019(2) dt.01-02-2019 3/3 statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Patna in connection with Jakkanpur P.S. Case No. 483 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T