Asif Rashid v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21076 of 2016 Arising Out of PS.Case No. -187 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================
1. Shamshad Alam Son of Ferazul Haque, Resident of village- Akbarnagar, P.S.- Mufassil, District- West Champaran
2. Wasim Akram, Son of Nisar Ahmad, Resident of village- Dubalia, P.S.- Jugapatti, District- West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22391 of 2016 Arising Out of PS.Case No. -187 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================
1. Asif Rashid son of Abdul Rashid, Resident of Village- Kamalnath Nagar, Honda Show Room Bettiah, P.S.- Bettiah Town, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.21076 of 2016) For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Gopesh Kumar (App) (In Cr.Misc. No.22391 of 2016) For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-05-2016 Both the above-said petitions arise out of Begusarai Town P.S. Case No. 187 of 2016 registered under Sections-419, 420, 120-B/34, Section-10 of Bihar Conduct of Examination Act and Secti0n-66(C)(D) of Information Technology and accordingly,
Patna High Court Cr.Misc. No.21076 of 2016 (2) dt.20-05-2016 2/2 both the above-said petitions are being heard and disposed of by this common order.
Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Both the above-said petitioners are said to have adopted unfair means by using electrical device in an examination but they were caught by the invigilators and subsequently, present case was lodged.
Submission on behalf of petitioners is that the first information report does not disclose any offence and it is only stated that prior to entering into examination hall, petitioners had seen a message but the informant does not disclose the detail of the aforesaid message.
Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Begusarai Town P.S. Case No. 187 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Begusarai.
(Hemant Kumar Srivastava, J) A.K.V./- U T