Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25922 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- KOTWALI District- Patna ====================================================== Nishant Kumar S/o Sri Arvind Pasad, R/o Vill.- Khirauna, P.O. & P.S.- Rahui, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Raj For the Opposite Party/s :

Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-05-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Kotwali P.S. Case No. 74 of 2018 dated 09.02.2018 instituted for the offences under Sections 417, 418, 419, 420, 120 (B), 467 and 466 of the Indian Penal Code and under Sections 66(b) (C) & 66(D) of the Information Technology Act, 2000.

The Director (Examination) of Directorate of Employment and Training received an e-mail message that the examination which was being conducted for entrance to ITI was attempted to be tampered with as some of the persons had received the question papers before the commencement of the examination. On such information having been received by the Director

Patna High Court Cr.Misc. No.25922 of 2018(4) dt.18-05-2018 2/3 (Examination), the subject FIR was registered for investigation.

Learned counsel for the petitioner has submitted that he has not been named in the FIR. During the course of investigation, an enquiry was made from the sender of the aforesaid message viz. Mukesh Kumar who disclosed the name of one Vishwajeet Ram. On further probe, aforesaid Vishwajeet Ram took the name of one Lallan Prasad Verma. Lallan Prasad Verma was arrested and he in turn stated that in this act of leaking the question paper, one Pintu Kumar of Khirouna was instrumental. The petitioner is stated to have been arrested in ITI Khirouna.

Learned counsel for the petitioner has further submitted that nobody has taken the name of the petitioner specifically as his being an associate in the act of leaking the question paper. He was arrested only because of his having gone to the premises of ITI, Khirouna for sometime because of his earlier connection with aforesaid Pintu Kumar.

The petitioner has resiled from his so-called confession which is said to have been made before the police. Learned counsel for the petitioner has submitted that the petitioner has obtained a Diploma degree from a reputed university of Punjab and has also been

Patna High Court Cr.Misc. No.25922 of 2018(4) dt.18-05-2018 3/3 successful in getting a job with the Postal Department. The petitioner is in custody since 17.02.2018. For the aforestated facts and taking into account that the petitioner has a career, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 74 of 2018.

(Ashutosh Kumar, J) krishna/- U T