Satyendra Kumar Sah @ Satyendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48836 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- TATARPUR District- Bhagalpur ====================================================== Satyendra Kumar Sah @ Satyendra Sah Son of Pulkit Sah Resident of Village Barijahi Bazar Bangaon Purwi, Safabad, Ward No.06, P.S. Bangaon, District Saharsa, at present Posted as 4th Grade Staff of Tilkamanjhi University, Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Tatarpur (University) P.S. Case No.52 of 2021, registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code and Section 10 of the Bihar Examination Act, 1981. The prosecution case is that on 07.12.2020 at about 8.15 A.M., Dr. Amitabh Chakravarti, Assistant Professor, Maithili Department, T.N.B. College has received the question paper of Math of B.S.C. Part-III, 2020 by few unknown students and the said papers were given to him before the examination. Thereafter the administration of University constituted a three members committee to investigate the matter and after

Patna High Court CR. MISC. No.48836 of 2021(2) dt.26-04-2022 2/3 investigation, the committee gave his report that tampering has been done in the office copy of the question papers of Examination Department and they found that the employees of the Examination Department, namely, Sunil Kumar and Satyendra Kumar Sah (the petitioner) are the culprit in leaking the examination papers.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No specific overt act is alleged against the petitioner. The enquiry report also does not suggest that the petitioner is involved in the matter. It is further submitted that one co-accused person has already been enlarged on anticipatory bail by this Court vide order dated 18.04.2022, passed in Cr. Misc. No.44349 of 2021.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-4th,

Patna High Court CR. MISC. No.48836 of 2021(2) dt.26-04-2022 3/3 Bhagalpur in connection with Tatarpur (University) P.S. Case No.52 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T