Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10774 of 2024 Arising Out of PS. Case No.-11 Year-2023 Thana- Cyber P.S. District- Lakhisarai ====================================================== Sumit Kumar S/O Surendra Sao Resident Of Village-Deoghara Chandrabela, P.S.-Medni Chowki, District-Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikramadit Mr.

For the Opposite Party/s :

Ms.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 419, 420, 120B of the Indian Penal Code and Section 66(D) of the I.T. Act.

3. As per prosecution case, in the written examination of Constable Recruitment Examination conducted by the Central Selection Board (Constable Recruitment) Bihar, accused persons including the petitioner was active at different examination centres at Lakhisarai to provide answer of questions to the candidates during examination after taking money and Admit Card from lots of examines by an organized gang of Mednichowki and Surajgarha.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Nothing has been recovered from the

Patna High Court CR. MISC. No.10774 of 2024(2) dt.22-02-2024 2/2 possession of the petitioner except mobile phone. Save and except suspicion, nothing has come agaisnt the petitioner to show his complicity in the present case. The provision of Section 100 of the Cr.P.C. has also not been followed in this case, while preparing the seizure list. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 09.02.2024 passed in Cr. Misc. No. 5523 of 2024 and its analogous case. He is languishing in judicial custody since 02.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Lakhisarai Cyber P.S. Case No. 11 of 2023.

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