Shiv Raj Kumar @ Pintu @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22093 of 2021 Arising Out of PS. Case No.-391 Year-2020 Thana- RAMPUR District- Gaya ====================================================== SHIV RAJ KUMAR @ PINTU @ PINTU KUMAR S/o Shiv Dhar Yadav Resident of Village- Habbipur, P.S.- Chandauti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-10-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420 and 120B of the Indian Penal Code and section 10 of the Bihar Conduct of Examination Act, 1981.

As per the prosecution case, on receiving information about exchange of question paper at the gate of the college where the examination for the Central Selection Board (Constable Appointment) Bihar, Patna was taking place, it is stated by the informant that the police personnel reached the gate. On seeing the police personnel the accused persons made an attempt to escape but one Amit Kumar and the petitioner herein were caught and from the possession of Amit Kumar various documents and communications having been sent on his

Patna High Court CR. MISC. No.22093 of 2021(2) dt.04-10-2021 2/2 mobile phone through different whats-app group were recovered. It is stated that on enquiry the said Amit Kumar disclosed that the petitioner was also working with him. It is submitted by learned counsel for the petitioner that the allegations against the petitioner are false and incorrect. He was caught under a wrong impression. He has no concern with the co-accused Amit Kumar who has been enlarged on bail vide order dated 8.7.2021 passed in Cr. Misc. no. 20950 of 2021. The petitioner is in custody since 18.12.2020 and has no criminal antecedent.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for 9 months together with grant of bail to co-accused Amit Kumar, the Court directs the petitioner to be enlarged on bail in connection with Rampur P.S. Case no. 391 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya.

(Partha Sarthy, J) Prakash/- U