Raj Shekhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25644 of 2017 Arising Out of PS.Case No. -64 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Raj Shekhar, son of Dinesh Thakur, resident of Village- Rohua Purvi, Police Station- Warishnagar, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of Dalsingsarai Police Station Case No. 64 of 2017, disclosing offences under Sections 419/420/467/468/ 471/34 of the Indian Penal Code and Sections 64D/72 of the Information Technology Act.

An examinee was caught while writing papers in the 10th Class examination, held by the Bihar School Examination Board, from whose possession, two cellular phones were recovered and it was detected that there was transaction of the questions and answers. One of the

Patna High Court Cr.Misc. No.25644 of 2017 (2) dt.07-07-2017 2/3 messages read that he should contact with "Raj Shekhar". That is the basis for petitioner's implication in the case. Learned Counsel appearing on behalf of the petitioner has submitted that mere mentioning of the petitioner's name is not enough for establishing his involvement in the case. He has secondly submitted that the petitioner is a Teacher in Government School and there is no likelihood that he will be fleeing from the course of investigation or trial, if grant privilege of anticipatory bail. It has also been submitted that the petitioner shall present himself before the police and co-operate with the police in course of investigation, as and when required. Considering the above submission, this application is allowed.

Let the petitioner, Raj Shekhar, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsingsarai, in connection with Dalsingsarai Police Station Case No. 64 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court Cr.Misc. No.25644 of 2017 (2) dt.07-07-2017 3/3 petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √