Pravin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48836 of 2023 Arising Out of PS. Case No.-589 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== PRAVIN KUMAR SON OF PRAMOD KUMAR SINGH RESIDENT OF VILLAGE - GOPALPUR, POLICE STATION - NEMDARGANJ, DISTRICT - NAWADA ... ... Petitioner/s
Versus
THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Nayan For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 419, 420, 468, 34, 120B of the Indian Penal Code, Section 66(D) of the I.T. Act and Under Section 10 of the Bihar Conduct of Examination Act.
3. The allegation against the petitioner is to adopt unfair means while appearing in Police Constable Recruitment Examination for Excise Department, Government of Bihar.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the allegation of cheating cannot be gathered from entire narration of the F.I.R.
Patna High Court CR. MISC. No.48836 of 2023(2) dt.10-08-2023 2/3 and the maximum allegation which appears against this petitioner is that from his possession one Bluetooth Device and one mobile were recovered. It is submitted that out of innocence, petitioner took all these devices with him as it appears costly but nothing appears during the course of investigation which may suggest, prima facie, that all these electronic equipments were used for adopting unfair means, as alleged. Moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 01.08.2023 passed in Cr. Misc. No. 46820 of 2023. He is languishing in judicial custody since 15.05.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.48836 of 2023(2) dt.10-08-2023 3/3 satisfaction of the learned Court below in connection with Khajanchi Hat P.S. Case No. 589 of 2023.
(Sunil Kumar Panwar, J) arish/- U T