Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39189 of 2024 Arising Out of PS. Case No.-504 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== Gaurav Kumar Son Of Mahendra Singh Resident Of Village - Kohraul, P.S. - Karpi, District - Arwal, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Prince Kumar Mishra For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Arwal P.S. Case No. 504 of 2023 instituted for the offences under Sections 419, 420, 467, 468, 120B, 414 of the Indian Penal Code, Section 66 (D) of the I.T. Act and Section 3 of the Bihar Examination Conduct Act.

3. The allegation against the petitioner along with others is of engaging in the crime of committing unfair means through electronic devices in the examination conducted by the Government of Bihar.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the

Patna High Court CR. MISC. No.39189 of 2024(2) dt.25-06-2024 2/2 alleged recovery. The name of the petitioner has come into light on the basis of confessional statement of co-accused person. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted regular bail by this Court vide order dated 16.02.2024 passed in Cr. Misc. No. 6612 of 2024. It is next submitted that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Arwal P.S. Case No. 504 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Arish/- U T