Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31287 of 2021 Arising Out of PS. Case No.-148 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== SANJEET KUMAR Son of Aditya Prasad Resident of Village- Mahua, P.S.- Ghanaut, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Kumar, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Sadar (Muzaffarpur) P.S. Case No.148 of 2021 registered for the offence punishable under Sections 419, 420 and 34 of the Indian Penal Code and section 10 of the Bihar Examination Control 1981.

The prosecution case in short is that in the IBPS and

Patna High Court CR. MISC. No.31287 of 2021(2) dt.09-07-2021 2/3 CRPO examination conducted at I.D.Z. Bhagwanpur Centre, it was found that some examinees including the petitioner have changed their seats instead of sitting in the allotted seats. They were sitting in pair and were wearing identical dress and changed their seats with each other for the purpose of cheating. Thereafter, the police arrived and they were arrested. It is alleged that the petitioner was one of them.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case by the police. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner is a bonafide candidate and he was writing his own answer in the answer sheet which was made available to him. No candidates were found doing anything illegal or bad in law. There is only exchange in seats due to hurry and no cheating material has been found by the police. The petitioner is a genuine candidate having his admit card in his name and no doubt was created on his identification. The petitioner has no criminal antecedent and has been languishing in custody since 21.02.2021, as such, he may be enlarged on bail.

Learned APP for the State opposed the prayer for bail.

Patna High Court CR. MISC. No.31287 of 2021(2) dt.09-07-2021 3/3 Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, in connection with Sadar (Muzaffarpur) P.S. Case No.148 of 2021.

(Anjani Kumar Sharan, J) pallavi/- U T