Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20838 of 2024 Arising Out of PS. Case No.-986 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Dhiraj Kumar Son of Mr. Bhagwan Ram Resident of Village-Nista, PSSurajgarha, District-Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 986 of 2023 instituted for the offence under Sections 420 & 34 of the Indian Penal Code and Section 66D of the IT Act.

3.

As per the prosecution case, it is alleged that FIR named accused persons are members of examination setter of Bihar Police Additional Services Commission and the petitioner was arrested red handed in the Rukmani Hotel, Lakhisarai by the police with electronic gadgets which is used in the examination center. It is further alleged that the accused persons also confessed their guilt.

Patna High Court CR. MISC. No.20838 of 2024(2) dt.20-03-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-12-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner was appearing in the examination of Sub Inspector conducted by BPSSC. It is submitted that petitioner was resting in the hotel as his exam was scheduled in the second shift. It is submitted that for the purpose of appearing in the examination the brother of the petitioner has booked the said room. As far as allegation of probable question is concerned, he was discussing with his various friends in order to ascertain as to whether the probable answer of the said question is correct or not. It is lastly submitted that charge sheet is submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after

Patna High Court CR. MISC. No.20838 of 2024(2) dt.20-03-2024 3/3 framing of charge, if not already framed, on furnishing 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 P.S. Case No. 986 of 2023.

(Rudra Prakash Mishra, J) Raj kishore/- U T