Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22234 of 2021 Arising Out of PS. Case No.-391 Year-2020 Thana- RAMPUR District- Gaya ====================================================== PRASHANT KUMAR S/o Akhilesh Prasad @ Akhilesh Prasad Gupta R/o village- Bhuapur, P.S.- Jamhor, District- Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2021 Heard learned counsel for the parties through video conferencing.

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 Bihar Conduct of Examination Act, 1981.

As per the prosecution case, on information having been received by the police personnel that materials were being exchanged at the gate where the examination for Constable appointment by the Central Selection Board, Bihar, Patna was taking place, a raid was conducted and accused Amit Kumar and Shivraj Kumar were arrested. On enquiry, name of other accused persons also transpired.

Patna High Court CR. MISC. No.22234 of 2021(2) dt.08-10-2021 2/2 It is submitted by learned senior counsel appearing for the petitioner that the petitioner is not named in the F.I.R. Referring to the order of the learned trial court, it is submitted that the name of the petitioner transpired in the confessional statement of a co-accused made before police. No incriminating article has been recovered from his possession. He is in custody since 18.12.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 9 months, 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) Saurabh/- U T