Sonu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26092 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sonu Kumar Singh, S/o- Ramesh Kumar Singh, resident of House No.- 128, Narawan, Naron Saran, P.O. and P.S.- Garkha, District- Saran, Bihar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikas Ratan Bharti, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Motihari Town P.S. Case No.68 of 2018 instituted for the offence under Section(s) 419, 420, 120-B/34 Indian Penal Code, Section 66, 67 of the IT Act and Section 10 of Bihar Examination Conduct Act, pending in the Court of the Chief Judicial Magistrate, East Champaran, Motihari.
Prosecution case is that on 08.02.2018 the informant got information that in the Intermediate Examination of 2018, question paper and its solved answer of Physics subject has leaked and is viral on Whatsapp on various mobile. It is further
Patna High Court Cr.Misc. No.26092 of 2018 (3) dt.17-05-2018 2/3 alleged that one Abhay Gupta of Udham Pandey College is selling the solved answer of Physics at the rate of rupees one thousand to various persons. It is further alleged that after making necessary entry in the station diary, the informant and the police went to different places to catch the persons involved. The informant and his team reached Udham Pandey College and found one person busy on mobile. Aforesaid person was arrested and he disclosed his name as Abhay Gupta. It is further alleged that on the basis of clue given by Abhay Gupta, various persons were trapped on the basis of call records, who were involved in distribution and collection of the solved answer sheet of Physics paper on Whatsapp mobile.
It is further alleged that various persons were arrested and one Satyam Kumar was also arrested. He stated before the police that petitioner was also involved in the alleged occurrence. He stated that it was the petitioner, who used to solve the answer and had sent back to him for which petitioner had made demand of rupees sixty thousand. The counsel for petitioner has submitted that name of this petitioner has come on the basis of confessional statement of co-accused. There is no recovery from the possession of the petitioner.
Case diary has been received. Learned APP has
Patna High Court Cr.Misc. No.26092 of 2018 (3) dt.17-05-2018 3/3 submitted that in the case diary there is mention of chain of people involved in the aforesaid occurrence. The name of this petitioner has also come as one of the member of aforesaid chain of person.
In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.
Prayer of the petitioner for grant of anticipatory bail is rejected.
Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T