Sunny Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55945 of 2023 Arising Out of PS. Case No.-31 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Sunny Kumar Singh S/O- Ashok Kumar Singh R/o- Bahri PS- Charpokhari Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Adv.

For the Opposite Party/s :

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Supaul PS Case No. 31 of 2020, dated 12-01-2020, registered for the offence punishable under Section 10 of the Bihar Conduct of Examination Act, 1981.

3. It is alleged that in the second sitting of the Police Recruitment Examination being conducted by the Central Selection Board, the petitioner has run away with question papers and OMR sheets after jumping over the school wall.

4. It is submitted by the petitioner's counsel that his implication is based only on suspicion. It is further submitted that he was a bona fide examinee and he was in the examination

Patna High Court CR. MISC. No.55945 of 2023(2) dt.30-08-2023 2/3 hall till the end of the exam. The petitioner is having one antecedents of the year 2013 for some different nature of occurrence.

5. Learned APP for the State has opposed the prayer for bail.

6. Considering the rival submissions, nature of allegations, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for anticipatory bail is allowed.

7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 learned CJM, Supaul, in connection with Supaul PS Case No. 31 of 2020, dated 12-01-2020, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also

Patna High Court CR. MISC. No.55945 of 2023(2) dt.30-08-2023 3/3 undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T