Dilip Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39439 of 2017 Arising Out of PS.Case No. -224 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ======================================================

1. Dilip Kumar, s/o Dev Narayan Rajak, Mohalla- Hanuman Nagar Colony, Gaye Ghat, P.S. Alamganj, District Patna.

2. Sintu Kumar @ Ajay Kumar, S/o Bindalal Singh, r/o Dhanai Tola, P.S. Vansi, District-Arwal.

3. Shambhu Prasad, S/o late Nawal Prasad, r/o- Jagdishpur, P.S. Jay Rampur, District-Sheikhpura, at present Harichandra Nagar Sipara, P.S. Beur, District-Patna.

4. Nitish Kumar, S/o Upendra Singh, r/o Bejan Bigha, P.S.-Rampur Chauhan, District-Arwal, At Present Sipara, P.S. Beur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mr. Kamod Kumar Vidyarthi, Adv.

For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-08-2017 Heard both sides.

The petitioners seek bail in Patrakar Nagar P.S. Case No. 224/2017, registered for the offences punishable under Sections 406, 420, 414, 467, 468, 471 and 120(B) of the Indian Penal Code.

The case of the prosecution is that five persons were arrested by the police along with a Van containing objectionable materials. The said persons are said to have divulged about leaking out question papers of NEET exam. Subsequently, the name of several accused persons including the petitioners appear to have been divulged by the said five accused persons during course of

Patna High Court Cr.Misc. No.39439 of 2017 (2) dt.19-08-2017 2/2 investigation.

Learned senior counsel for the petitioners submits that similarly situated co-accused persons have already been granted bail vide order dated 11.08.2017 passed in Cr. Misc. No. 38188/2017. It is further submitted that the petitioners are not F.I.R. named accused persons and though they are accused in one other case, but they have been granted bail in the said matter and after being apprehended in the said case, they have been remanded in the present case. The petitioners are languishing in jail since 21.06.2017.

Having regard to the facts and circumstances of the present case, specially the factum that similarly situated coaccused persons have already been granted bail by this Court, I deem it fit to enlarge the petitioners on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-cumSub Judge X, Patna in connection with Patrakar Nagar P.S. Case No. 224/2017.

(Mohit Kumar Shah, J.) Rakhi U T