Avilash Kumar Dutt @ Avilash Kumar @ Abhilash Kr. Dutta And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20264 of 2018 Arising Out of PS.Case No. -247 Year- 2016 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Avilash Kumar Dutt @ Avilash Kumar @ Abhilash Kr. Dutta & Anr .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Bhagwanpur P.s.Case No.247 of 2016 , registered for offences punishable under Sections 420/120(B) of the Indian Penal Code and Section 9 and 10 of Bihar Conduct of Examination, Act, 1981.

Allegation against the petitioners is that they are Centre Superintendent and Controller of the examination of R.B. College, Tiyay and the news was published that there was cheating in mass scale in R.B. College, Tiyay as such the present case has been lodged against the petitioners.

Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners and still they are working as the Centre Superintendent and

Patna High Court Cr.Misc. No.20264 of 2018 (2) dt.25-04-2018 2/2 Controller of the examination.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Bhagwanpur P.S.Case No.247 of 2016 dated 20.12.2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T