Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30509 of 2023 Arising Out of PS. Case No.-40 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Ajay Kumar Son Of Ashok Kumar Mukhiya Resident Of Ward No. 4, Shri Krishna Puri, Near B.S.S. College, P.O. And P.S. - Supaul, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. VNP Sinha, Sr. Adv Mr.Amarendra Nath Verma For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 467, 468, 469, 120B and 34 of the Indian Penal Code, Section 66 of I.T. Act and Section 10 of the Bihar Examination Control Act, 1981.

As per prosecution case, it is as alleged that the petitioner is said to be involved in leaking the question paper in the exam with a pre-planned manner with the collusion of so many other co-accused persons.

Patna High Court CR. MISC. No.30509 of 2023(3) dt.03-08-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that though the petitioner is named in FIR but he left the examination-center on the normal submission of his papers after the exam was over. It is also submitted that the allegations levelled against the petitioner is false and baseless. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.12.2022. Similarly, situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 24.06.2023 in Cr. Misc. No. 31043 of 2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Economic Offence (Patna) P.S. Case No. 40 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.30509 of 2023(3) dt.03-08-2023 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna.

(Sunil Kumar Panwar, J) Shubham/- U T