Yadunandan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43019 of 2014 Arising Out of PS.Case No. -92 Year- 2014 Thana -NARDIGANJ District- NAWADA ====================================================== Shiv Shankar Kumar son of Chaturi Chauhan, R/o village- Vasta, P.S.- Tharthari, District- Nalanda at Biharsharif .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.45216 of 2014 Arising Out of PS.Case No. -92 Year- 2014 Thana -NARDIGANJ District- NAWADA ======================================================

1. Yadunandan Prasad Son of Late Kasi Bhagat Resident of villageNardiganj, in the district of Nawada, Presently working as Lecturer at Nardiganj College, Nardiganj in the district of Nawada .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.43019 of 2014) For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sharda Kumari (App) (In Cr.Misc. No.45216 of 2014) For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-04-2015 Above noted both the applications have arisen out of one occurrence i.e.Nardiganj P.S. Case No. 92 of 2014 registered for the offences punishable under Sections 419, 420 and 120B of the Indian Penal Code in which the petitioners above named of both the cases apprehend their arrest, as such, they have been heard together and are being disposed of by this common order.

After getting an information regarding unfair means in examination conducted by deemed university Allahabad at the examination centre Naradiganj College, the informant and other officials went there but came to know that the examination is not being held at the said college rather the same is being held at St. Joseph English High School, Naradiganj and thereafter, they proceeded for there and saw some gathering, then two boys were caught writing answer sheets and both disclosed that they were writing answer sheets of Shiv Shankar Kumar who is their maternal uncle, accordingly, copy was seized.

Both also disclosed that copies were brought from the examination hall and then, the informant and others went to the house of Yadunandan Prasad and searched the outer room and found 16 pieces of copies which were blank and bears signature of Examination Controller.

during investigation vide paragraphs 2, 18, 19, 22 and 32 of the case diary.

Consideration that two boys, who were writing answer sheets, at once disclosed the name of petitioner Shiv Shankar Kumar and further from the house of petitioner Yadunandan Prasad 16 pieces of blank copies bearing signature of Examination Controller were recovered, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioners, accordingly, their such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T