Subhash Kumar @ Pitamber Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38047 of 2017 Arising Out of PS.Case No. -239 Year- 2017 Thana -KOTWALI District- PATNA ====================================================== Subhash Kumar @ Pitamber Kumar, son of Ram Nandan Prasad, resident of village-Rahincha, P.S. Shekhopur Sarai, District Sheikhpura. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Pandey For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kotwali P.S. Case No. 239 of 2017 registered under Section 417, 418 and 420 of the Indian Penal Code.

As per the prosecution case, the petitioner along with other accused persons are said to have demanded money from examinee and from their parents in the Annual Secondary Examination, 2017 for enhancement of the marks and also getting them stood first in the examination.

It is submitted by learned counsel for the petitioner that there is no cogent evidence on record indicating the complicity of the petitioner. Petitioner's name came in the case in the confessional statement of a co-accused, which has no

Patna High Court Cr.Misc. No.38047 of 2017 (02) dt.10-08-2017 2/2 evidentiary value in the eye of law. The petitioner has been languishing in custody since 11.06.2017. Similarly situated coaccused persons have been granted bail by co-ordinate Benches of this Court in Cr. Misc. No.33977 of 2017 vide order dated 20.07.2017 and Cr. Misc. No.34362 of 2017 vide order dated 28.07.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees 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.239 of 2017.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T