Brajesh Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.24509 of 2017 (2) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24509 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Brajesh Kumar, Son of Ashok Mehta, Resident of Village- Rajpur Sarsandi, P.S.- Gwalpara, District- Madhepura.

2. Navin Kumar, Son of Late Gopal Yadav, Resident of Village- Sohba, P.S. Bidhan, District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are accused in connection with Warsaliganj P.S. Case No. 14 of 2017, registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code, Section 10 of the Bihar Conduct of Examination Act and Section 66 of the I.T. Act.

The accusation is that Officer-in-Charge of Warsaliganj, on receiving secret information about gathering of several persons in a rented house at Villae Bilari Katrisarai, Nalanda, to make arrangement for cheating in S.S.C., Bihar, examination through WhatsApp and mobile, reached there and

Patna High Court Cr.Misc. No.24509 of 2017 (2) dt.05-07-2017 apprehended 20 persons named in the F.I.R. including the petitioners. On search, Bhushan Kumar and Sunil Kumar were found in possession of mobile sets, bluetooth, admit cards and certificate of several examinees whereas petitioner no. 1 was found in possession of ATM card and mobile set and petitioner no. 2 was also found in possession of one mobile set. Learned counsel for the petitioners submits that it would appear from the F.I.R. that no objectionable material was found in possession of the petitioners. It is further submitted that petitioner has no criminal antecedent and is in custody since 06.02.2017.

Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Nawada, in connection with Warsaliganj P.S. Case No. 14 of 2017. Out of two sureties, one surety must be the close relative of the petitioners.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T