Chandan @ Chandan Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30780 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- BUXAR District- Buxar ====================================================== Chandan @ Chandan Pathak Son of Shivakant Pathak Resident of Village - Itadhiya, P.S.- Dhansoin, Dist.- Buxar ... Petitioner

Versus

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

For the Petitioner :

Mr.Birendra Kumar Singh, Advocate For the Opposite Party :

Mr.Dilip Kumar No. 1, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner, the State and perused the case diary.

Petitioner apprehends his arrest in a case registered for the offence under sections 465, 468, 379/34 of the Indian Penal Code as well as under sections 66, 66D & 67 of the I.T. Act on the allegation that he made viral a copy of original Mathematics paper of the Matriculation examination, 2019 conducted by the Bihar School Examination Board along with its handwritten answer sheet on the 'Whats app' of one Bijay Kumar who was caught along with other accused persons outside the exam center immediately after beginning of the said exam.

Learned counsel for the petitioner submits that the petitioner was not even present at the exam center rather his implication has come in the case only on the basis of mobile

Patna High Court CR. MISC. No.30780 of 2019(5) dt.11-09-2019 2/2 number which might have been used by some other persons in spreading the exam paper on the social messaging APP. Learned counsel for the State opposes the prayer for bail and submits that it is evident that petitioner's mobile number has been used in the offence.

In the facts and circumstances of the case as well as in view of nature of allegation, prayer for anticipatory bail of the petitioner is refused with direction to surrender and seek regular bail within a period of six weeks from today, which would be disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) Shashi U T