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Patna High CourtCR. MISC./15599/2024bail granted

Chandan Kumar v. The State Of Bihar

2024-04-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15599 of 2024 Arising Out of PS. Case No.-11 Year-2023 Thana- Cyber P.S. District- Lakhisarai ====================================================== Chandan Kumar S/o Arun Mandal R/o vill - Jakarpura, Surajgrha, P.s. - Surajgarha, Dist - Lakhisarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Pandey, Advocate For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Lakhisarai Cyber P.S. case No. 11 of 2023 instituted for the offences under Sections 419, 420, 120B of the Indian Penal Code and Section 66(D) of the Information Technology Act.

3. As per allegation levelled in FIR, in the written examination of Constable Recruitment Examination conducted by the Central Selection Board (Constable Recruitment) Bihar, Patna, accused persons including the petitioner was active at

Patna High Court CR. MISC. No.15599 of 2024(3) dt.10-04-2024 2/3 different examination centres at Lakhisarai to provide answer of questions to the candidates during examination after taking money and admit card from lots of examinees by an organized gang of Mednichowki and Surajgarha.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. He further submitted that petitioner is not involved in the alleged occurrence in any manner. Petitioner was not arrested from inside of the examination hall rather he was arrested from roadside. There is no compliance of Section 100 of the Cr.P.C. The co-accused person has already been granted bail by this Court vide order dated 19.02.2024 passed in Cr. Misc. No. 8415 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.10.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.15599 of 2024(3) dt.10-04-2024 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhisarai Cyber P.S. case No. 11 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T