Rajesh Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25019 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -WARSALIGANJ District- NAWADA ====================================================== Rajesh Gupta, Son of Sri Dhrupdev Prasad Gupta @ Dhruo Prasad Gupta, Resident of Village- Bathua Bazar, P.S.- Phulwaria, District- Gopalganj. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. Mr. Amit Kumar, Advocate.
Mr. Ritwaj Raman, Advocate.
For the Opposite Party/s : Mr. Sri Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Warsaliganj P.S. Case No. 14 of 2017, registered under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, Section 10 of the Bihar Examination conduct Control Act and Section 66 of the Information Technology Act. The accusation is that the informant being the Incharge of Warsaliganj Police Station received secret information about gathering of people for the purpose of cheating to the candidates of examination going to be conducted by the Staff
Selection Commission. Thereafter, 50 persons named in the F.I.R. were apprehended at different places in Nawada District with objectionable materials like mobile phone, Bluetooth for providing the answer of the questions of SSC examination and admit cards of the candidates appearing in the examination. At that time, they disclosed that they used to do the work of setting in different competitive examinations in the guidelines of this petitioner.
Learned counsel for the petitioner submits that except the confessional statement of co-accused, who are said to be apprehended by the police with bluetooth, mobile phone and admit cards of candidates of the SSC examination, nothing has been collected by the Investigating Officer showing the involvement of the petitioner in the present case. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in connection with Warsaliganj P.S. Case No. 14 of
2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T