Suraj Kumar @ Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15053 of 2024 Arising Out of PS. Case No.-673 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Suraj Kumar @ Neeraj Kumar Son of Shailendra Singh @ Shailndar Prasad Singh Resident of Village- Dighaun, Ward No. 07, Police Station- Beldaur, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Singh, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 673 of 2023 dated 25.09.2023 registered for the offence punishable under Sections 420, 467, 468, 471, 414 and 120(B) of the Indian Penal Code, Sections 66(C), 66(D) of the Information Technology Act and Section 10 of Bihar Examination Act.

3. The prosecution case, in short, is that petitioner along with other accused persons indulged in unfair means for passing the candidates in the Constable Recruitment Examination that was to be held on 01.10.2023, 07.10.203 and 15.10.2023. The petitioner along with other accused persons were apprehended

Patna High Court CR. MISC. No.15053 of 2024(2) dt.13-03-2024 2/3 by the police party and on search one small walkie talkie, one self made jammer, two earpiece, three bluetooth calling device, ATM Card and photo copies of admit card of Constable Recruitment Examination were seized from their house.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Only on the basis of some incriminating articles which were seized from the house of the petitioner, the petitioner has been made accused in this case. It is submitted that the candidates of forth coming competitive Constable Recruitment Examination which was to be held on 01.10.2023, 07.10.2023 and 15.10.2023 respectively. The present case has been lodged on 25.09.2023 before committing any crime. It is also submitted that after investigation, charge-sheet has been submitted on 22.12.2023 against the petitioner under Sections 420 and other Sections of the Indian Penal Code and Sections 66 (C) and 66(D) of the Information Technology Act. Lastly, it has been submitted that the petitioner is in custody since 26.09.2023, having no criminal antecedent.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of

Patna High Court CR. MISC. No.15053 of 2024(2) dt.13-03-2024 3/3 the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Saharsa P.S. Case No. 673 of 2023. (Khatim Reza, J) prabhat/- U T