Patna High CourtCR. MISC./48002/2019bail granted

Amit Kumar v. The State Of Bihar

2019-08-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48002 of 2019 Arising Out of PS. Case No.-545 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== AMIT KUMAR S/O Uday Kumar Yadav R/O- New Bazar, Maheshkhunt, P.S.- Maheshkhunt, Dist.- Khagaria, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ Manu For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Phulwarisharif P.S. case No. 545 of 2019 instituted for the offence under Section(s) 188,420 and 120B of the Indian Penal Code , Section 66 of the Information Technology Act and Section 10 of the Bihar Examination Conduct Act.

In the written report it is alleged that petitioner was caught with mobile by the invigilator during the preliminary examination of Bihar State Excise Sub-Inspector. It is further alleged that petitioner sent photo of the question paper to someone.

Learned counsel for petitioner submits that from the answer sheets which is part of the FIR itself it appears that

Patna High Court CR. MISC. No.48002 of 2019(3) dt.28-08-2019 2/2 most of the answer has remained blank on the answer sheets. Learned counsel for petitioner submits that he has been arrested merely on suspicion.

Petitioner is in custody since 10.6.2019 having no criminal antecedent.

Considering the aforesaid, let the petitioner, above named, 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 the ACJM XV cum Sub Judge, Patna, in connection with Phulwarisharif P.S. case No. 545 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T