Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44797 of 2024 Arising Out of PS. Case No.-931 Year-2023 Thana- Tilkamanjhi District- Bhagalpur ====================================================== Rohit Kumar S/o Churaman Mandal R/o Village- Ramchandrapur, Navtolia, Fatahpur, P.s.-Nathnagar, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ambrish Jha, Advocate For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Kotwali (Tilkamanjhi) P.S. Case No. 931 of 2023 dated 04.10.2023 instituted for the offence punishable under Sections 419,420, 120B and 34 of the Indian Penal Code and Section 10 of the Bihar Examination Conduct (Control ) Act, 1981.
3. Allegation as per FIR is that, one Ranjeet Kumar was working as a liner and setter in the CISF (Police Force Selection) Examination. It is alleged that he contacted through his mobile No. 8877640630 to some candidates and send the answers of the said examination to them. It is further alleged that printed admit card of petitioner bearing Roll No. 1039200331 was seized from the right pocket of said Ranjeet
Patna High Court CR. MISC. No.44797 of 2024(3) dt.21-09-2024 2/3 Kumar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is specific allegation against one Ranjeet Kumar on whose confessional statement the name of the petitioner and others has been figured in the FIR. Learned counsel submits that during investigation, no material has surfaced against the petitioner. So far allegation with regard to transaction of Rs. one lacs is concerned, it is submitted that there is no cogent evidence supporting the allegation available in the case diary. No one has made complain against him that he has cheated him or he has provided the answer sheet to him or some one of the said examinations, as such Section 420 of IPC is not made out against him. Nothing objectionable articles has been recovered from his conscious possession.Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon, furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.44797 of 2024(3) dt.21-09-2024 3/3 sureties of the like amount each to the satisfaction of the learned C.J.M. Bhagalpur in Kotwali (Tilkamanjhi) P.S. Case No. 931 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U