Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13708 of 2022 Arising Out of PS. Case No.-38 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== PIYUSH KUMAR S/O MANOJ KUMAR, R/o village- Bauri, P.S.- Kashichak, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Lal, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sheikhpura P.S. Case No. 38 of 2022 lodged under Sections 419 and 420 of the Indian Penal Code and Section 10 of Bihar Conduct of Examination Act, 1981.

As per prosecution, the allegation upon the petitioner is that he was appeared in the examination of matriculation for other candidate.

Learned counsel for the petitioner submits that Section 10 that Violation of Bihar Conduct of Examination Act has taken place for which the punishment is only for 6 months,

Patna High Court CR. MISC. No.13708 of 2022(3) dt.11-08-2022 2/2 other sections of the I.P.C. are not attracted in this case. He further submits that petitioner is in custody since 04.02.2022 and today 6 months has already been completed. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No. 38 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T