Rajeev Kumar Roshan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61902 of 2018 Arising Out of PS. Case No.-208 Year-2018 Thana- KHAGAUL DistrictPatna ====================================================== Rajeev Kumar Roshan Son of Ramashankar Yadav, Resident of VillageAriyaon, P.S.- Krishna Brahmr, District- Buxar. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bachan Jee Ojha, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 468, 471/34 of the Indian Penal Code and Section 10 of B.E.C. Act 1981 and also Section 66 'D' of I.T. Act registered in connection with // P.S. Case No. xxx of xxxx

3. It is submitted that the petitioner has been falsely implicated and in any event the copy of the OMR sheet was uploaded after the examination was over and not during the examination itself. Such upload has not been misused nor benefited anyone nor the examination has been cancelled. The petitioner uploaded the question and answer sheet only with a view to verify the correctness of his answers later on which was wholly bona fide. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.61902 of 2018(3) dt.21-02-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate5th, Danapur, Patna in connection with Khagaul P.S. Case No. 208 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T