Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59773 of 2017 Arising Out of PS.Case No. -455 Year- 2017 Thana -SONEPUR District- SARAN ====================================================== Manish Kumar, Son of Sri Dinesh Ray, resident of Village- Fatehpur Chain, Police Station- Awatarnagar, District- Saran. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.61936 of 2017 Arising Out of PS.Case No. -455 Year- 2017 Thana -SONEPUR District- SARAN ======================================================

1. Vikash Kumar @ Pappu, S/o Kedar Rai.

2. Guddu Kumar, S/o Shiaram Rai.

Both are residents of Village- Bhinik Tola, P.S.- Sonepur, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.59773 of 2017) For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sakir Ahmad (In Cr.Misc. No.61936 of 2017) For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 23-01-2018 Heard learned counsels for the petitioners and the State. The petitioners, already in custody, seek bail in connection with Sonpur P.S.Case No. 455 of 2017 registered under Sections 420, 467, 468, 469, 470, 471 and 120B of the Indian penal Code, Sections 3 and 4 of Bihar Conduct of Examination Act, 1981 and

Patna High Court Cr.Misc. No.59773 of 2017 (3) dt.23-01-2018 2/3 Section 66(D) of I.T.Act, 2000.

Allegation in brief is that there was a racket and gangs were involved in helping the examinees for the recruitment to the post of constables and allegation against petitioner Manish Kumar is that he was apprehended by the police with blue tooth device fixed in his cloth and mobile phone each from the possession of the petitioners Vikash Kumar @ Pappu and Guddu Kumar was recovered though they were not examinees.

Learned counsel for the petitioner submits that except blue tooth device recovered from petitioner Manish Kumar, there was no other incriminating material recovered from him and he was the examinee for the constable written examination and was not found using blue tooth device in the examination centre. Whereas only mobile phones were recovered from other two petitioners and except that there is no other materials and the police has submitted charge sheet in this case.

Having considered the aforesaid facts and circumstances, the petitioners, namely, Manish Kumar, Vikash Kumar @ Pappu and Guddu Kumar are directed to be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Saran at Chhapra in connection with

Patna High Court Cr.Misc. No.59773 of 2017 (3) dt.23-01-2018 3/3 Sonpur P.S. Case No. 455 of 2017.

(Arun Kumar, J) Sujit/- U T