Patna High CourtCR. MISC./10275/2024bail granted

Kunal Raj v. The State Of Bihar

2024-08-23Mr. Justice Ramesh Chand Malviya4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82355 of 2023 Arising Out of PS. Case No.-765 Year-2023 Thana- PATRAKARNAGAR District- Patna ====================================================== Raman Kumar Sinha S/o Mithilesh Kumar Sinha Resident of Village - Roshanpur, P.O. Roshanpur, P.S. Pirpainti, Dist. Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 10275 of 2024 Arising Out of PS. Case No.-765 Year-2023 Thana- PATRAKARNAGAR District- Patna ====================================================== Kunal Raj S/O Hari Mohan Prasad Sao R/O Dhanaut, P.O- Shaya Nagar, P.SRupaspur, District- Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 82355 of 2023) For the Petitioner/s :

Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP (In CRIMINAL MISCELLANEOUS No. 10275 of 2024) For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-08-2024 Heard learned counsels appearing on behalf of the parties.

2. The petitioners apprehend their arrest in connection with Patrakar Nagar P.S. Case No. 765 of 2023 registered for the offence under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code.

3. As per F.I.R. the allegation against the petitioners is that they are involved in setting of different

2/4 competitive examination by using unfair and illegal means.

4. Learned counsels for the petitioners submits that the petitioners have falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioners. He further submits that the name of the petitioners have been surfaced on the basis of confessional statement of co-accused Pushpak Kumar and the articles were recovered from the possession of co-accused Pushpak Kumar and he disclosed that the Head of the syndicate is co-accused persons, namely, Manish Kumar, Ajay Kumar @ Mahesh Kumar and Vikas Shankar and all of them are engaged in the business racket of cheating.

He further disclosed that Manish Kumar, Ranjan Kumar Mishra and Kunal Raj collectively run SRM IT solutions online examination centre where the plans for setting and hacking in different examinations are made and the leader of the gang is Manish Kumar. It is also submitted that no recovery was made from the possession of both the petitioners and recovery was made from the other co-accused person and the petitioners have no concern with S.R.M. IT Solution Online Exam Center, Vijay Nagar, Rukunpura and the with connection of said exam center with another accused persons and not the peitinoners.

3/4 Singh has specifically stated in paragraph 21 against the accused Manish Kumar and Ranjan Kumar, but not present petitioners and agreement for carrying M.S. S.R.M. I.T. Solution Private Limited is with one lessee, Rajan Kumar who is the accused person. He further submits that petitioners have no criminal antecedent as stated in paragraph 3 of the application.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case and submissions made by the learned counsels for the petitioners, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the Court below within a period of six weeks from today on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna in connection with Patrakar Nagar P.S. Case No. 765 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further condition that the petitioners have to be present before the Investigating Officer after every 15 days of every month (Monday) till submission of the charge sheet and action and the petitioners shall not leave jurisdictional area of the trial Court until

4/4 submission of the charge sheet. A copy of this order is to be sent to the Superintendent of Police and for needful action. (Ramesh Chand Malviya, J) saurabhkr/- U T