Akshay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14837 of 2024 Arising Out of PS. Case No.-673 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Akshay Kumar son of Lal Bahadur Yadav Village- Kopariya Ward.No- 10, PS- Salkhua District-Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Adv. with Mr.Rakesh Kumar Sharma, Adv.
Mr. Mayank Raj, Adv.
For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-03-2024 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Saharsa Sadar PS Case No. 673 of 2023 dated 25.09.2023, instituted for the offence punishable under Sections 420, 467, 468, 471, 414 and 120B/34 of the IPC and Sections 66(c) and 66(d) of the I. T. Act and Section 10 of Bihar Examination Conduct Act, 1981.
3. The prosecution case, in short, is that the accused persons, including the petitioner indulged in taking money from aspirants/candidates appearing in the constable appointment examination by adopting unfair means by impersonating with the help of electronic device and taking guarantee for providing them job.
Patna High Court CR. MISC. No.14837 of 2024(2) dt.11-03-2024 2/3
4. Learned senior counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. It is submitted that from perusal of the FIR, it is evident that a raid was conducted in the rented house of Suraj Kumar @ Niraj Kumar and several incriminating articles were seized from his rented house. From the possession of the petitioner mobile phone and from the co-accused, namely, Ram Krishna Kumar mobile phone was recovered. No incriminating article has been recovered from possession of the petitioner. All the seized articles were recovered from the rented house of Suraj Kumar. It is next submitted that petitioner is a student of B.A. 3rd year. The petitioner is in custody since 26-09-2023, having no criminal antecedents. One of the co-accused persons, namely, Chandan Kumar Sharma, has been granted bail by a Coordinate Bench of this Court vide order dated 07.03.2024, passed in Cr. Misc. No. 14101 of 2024.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of 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 CJM Saharsa, in Saharsa Sadar PS
Patna High Court CR. MISC. No.14837 of 2024(2) dt.11-03-2024 3/3 Case No. 673 of 2023.
(Khatim Reza, J) shyambihari/- U