Chandan Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14101 of 2024 Arising Out of PS. Case No.-673 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Chandan Kumar Sharma S/O Ramesh Kumar Sharma @ Ramesh Sharma R/O Village- Bhatoni, Ward No. 09, P.S- Simri Bakhtiyarpur, Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pramod Mishra, Advocate For the State :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sadar P.S. Case No. 673 of 2023 instituted for the offence under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 66(c), 66(D) of the IT Act & Section 10 of the Bihar Examination Conduct Act, 1981.

3.

Prosecution case in short is that accused persons including the petitioner was indulged in illegal activities pertaining to passing out the examinations for the recruitment of constables after taking handsome amount from the same from the appearing candidates. It is further alleged that several electronic devices and documents were recovered. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.14101 of 2024(2) dt.07-03-2024 2/3 that the petitioner is in custody since 26-09-2023. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case merely on suspicion. It is submitted that from perusal of the FIR, it would reveal that petitioner was not present at the place of occurrence nor he was arrested from the alleged place of occurrence. Petitioner is implicated on the disclosure made by the apprehended accused persons. It is lastly submitted that petitioner is already selected in the BPSC Teachers Recruitment exam, but he has not joined the same on account of his arrest. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.14101 of 2024(2) dt.07-03-2024 3/3 below/concerned Court in connection with Sadar P.S. Case No. 673 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T