Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53310 of 2017 Arising Out of PS.Case No. -303 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Nilesh Kumar, S/o Nirmal Kumar singh, R/o Mohalla- Gautam nagar, P.S.- Gardanibagh, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rashid Rais For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Sadar (Hajipur) PS case no. 303 of 2017 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120(B) of Indian Penal Code and Section 3/4/5/6 of Bihar Conduct of Examination Act, 1981.

The allegation is regarding seizure of question papers pertaining to exams going to be conducted by the N.T.P.C. Certain accused persons were apprehended and had disclosed the names of the examinees and the petitioner is said to be one of them. The learned counsel for the petitioner submits that as far as the petitioner is concerned, it is clear from the seizure list at page 50 of the present petition that he is the driver of vehicle

Patna High Court Cr.Misc. No.53310 of 2017 (2) dt.09-11-2017 2/2 bearing registration no. BR 02Q-1156. It is further submitted that the exam was being held for N.T.P.C. Diploma Training Recuitment, 2017 and the requisite qualifications thereof can be found at page no. 43 of the petition. It is next submitted that the petitioner is possessing the degree of B.A. in Economics, as such did not possess the requisite qualifications for appearing in the exam and further the petitioner is holding the commercial driving licence hence, by no stretch of imagination, he could have been an examinee. Moreover, the petitioner has clean antecedent and is in custody since 07.07.2017.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to enlarge the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sadar (Hajipur) PS case no. 303 of 2017. (Mohit Kumar Shah, J.) rinkee/- U T