Ravi Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34368 of 2021 Arising Out of PS. Case No.-148 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

Ravi Shankar Kumar S/o Awadhesh Prasad Resident of Village- Dani Bagiha, P.S.- Aurangabad, District- Aurangabad. 2.

Ritesh Kumar Bharti S/o Prabhu Das @ Prabhu Nath Das Resident of Village- Barmasiya Chowk, Near Kali Mandir, P.S.- Deoghar, DistrictDeoghar, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-12-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Sadar P.S. Case No. 148 of 2021 instituted for the offences under Sections 419, 420 and 34 of the Indian Penal Code read with Section 10 of the Bihar Examination Control Act. Learned counsel for the petitioners submits that the petitioners are in custody since 20.02.2021, charge-sheet has been submitted in the case and are persons with clean antecedent.

Learned counsel for the petitioners submits that from bare perusal of the allegation as alleged in the F.I.R. it would

Patna High Court CR. MISC. No.34368 of 2021(3) dt.02-12-2021 2/3 manifest that the informant alleges that in the I.B.P.S. and C.R.P.O.P. examination conducted at I.D.Z. Bhagwanpur centre it was found that some examinees including the petitioners have changed their seats instead of sitting in the allotted seats. Further, that they were sitting in pair and were wearing identical dress and changed their seats with each other for the purposes of cheating.

Learned counsel for the petitioners submits that nothing has been recovered from possession of these petitioners and they were bonafide examinees who had gone to appear in the examination and that similarly situated co-accused Sanjeet Kumar has been granted bail by order dated 09.07.2021 in Cr. Misc. No. 31287 of 2021 and Shambhu Kumar, Akash Deep, Shubham Kumar and Navin Paswan have been granted bail by order dated 09.07.2021 in Cr. Misc. No. 29864 of 2021. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioners are in custody since 20.02.2021, charge-sheet has been submitted in the case, the petitioners are persons with clean antecedent and co-accused similarly situated have been granted bail, let the petitioners above named be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.34368 of 2021(3) dt.02-12-2021 3/3 10,000/- (Rupees Ten Thousand only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Sadar P.S. Case No. 148 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T