Ravindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45381 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Ravindra Kumar Son Of Kapil Ram Resident Of Village- Baradhi, P.S. Sasaram Muffasil, Dist Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharad Shekhar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 66(D) of the Information Technology Act.

The prosecution case as per F.I.R is that in the Central Selection Board (Constable Recruitment) Examination, the petitioner was caught with Bluetooth devices in the examination hall.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.45381 of 2023(2) dt.04-08-2023 2/3 been implicated in this case. There is recovery of Bluetooth devices from the possession of the petitioner and nowhere in the F.I.R, it was mentioned that any mobile phone was recovered from the possession of the petitioner, therefore, without pairing a Bluetooth device with any mobile phone, the Bluetooth device is useless and the Bluetooth device itself is not sufficient to be used for unfair means during the examination. At best, it may be a case of violation of general guidelines of the competitive examination which prohibits carrying any electronic device, Bluetooth, calculator etc. in the examination hall. There is general allegation of recovery of Bluetooth devices from the possession of the petitioner but nowhere in the F.I.

R, it was mentioned that said Bluetooth device was being used during the examination. The petitioner is student having clean antecedents and keeping the petitioner in incarceration for a longer period will ruin the future career of the petitioner.

Patna High Court CR. MISC. No.45381 of 2023(2) dt.04-08-2023 3/3 15.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedents. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner was caught red handed with Bluetooth device which was to be used in the examination.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge, 1st, Rohtas at Sasaram in connection with Sasaram (Mufassil) P.S. Case No. 247 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T