Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30540 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -WARSALIGANJ District- NAWADA ====================================================== Prakash Kumar Son of Sri Ramashish Sao, resident of Village- Puri, P.O.- Pawapuri, P.S.- Giriyak, District- Nalanda, Bihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pratyush Kumar, Advocate Mr. Amar Dev Pandey, Advocate.
For the State : Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Warsaliganj P.S. Case No. 14 of 2017 instituted for the offence under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code, Section 10 of the Bihar Conduct of Examination Act and Section 66 of the Information Technology Act.
It is alleged that on the date of occurrence i.e. on 5.2.2017, the informant received information from the Superintendent of Police and S.D.P.O. Pakribarawan, that in the house of Satya Narain Sharma, situated at village Billari, Katrisarai, Distt. Nalanda, which was taken on rent by Gouri Shankar Sharma, some persons who were members of an organized Gang, had assembled with a view to give benefit to the
Patna High Court Cr.Misc. No.30540 of 2017 (4) dt.28-07-2017 2/3 candidates who have to appear in the examination on 5.2.2017 and other dates of SSC Bihar by Mobile, Whatsap, Bluetooth etc. On this information, the raid was conducted at the said house and police arrested several persons and other incriminating articles including cash were recovered and seized. The police interrogated the arrested persons from whom it came to light that all members were of an organized Gang at the State level and they took out the question papers of different competitive examinations of S.S.C. of Bihar and Jharkhand with the help of electronic instruments for giving benefit to the candidates of the examination after taking money as well as their original certificates etc.
The counsel for the State has submitted that some accused persons were arrested on the spot and certificate of some of the accused persons have been seized in this case. Rajesh Gupta was the leader of the said Gang. It has further been submitted that the seizure list which is mentioned in paragraph 48 of the case diary, shows that from the house of Satya Narayan Singh, which was taken on rent by Gauri Shankar Sharma, several articles have been recovered and from one of the briefcase, the original intermediate certificates, marks sheet etc. have been recovered along with Mobile and Whatsap etc. Petitioner was one of the beneficiaries of the aforesaid Gang.
Patna High Court Cr.Misc. No.30540 of 2017 (4) dt.28-07-2017 3/3 Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.
Prayer for anticipatory bail of the petitioner stands rejected.
Petitioner may surrender before the court below and make prayer for regular bail.
(Sanjay Priya, J) S.Ali/- U T