Sanjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51275 of 2017 Arising Out of PS.Case No. -270 Year- 2017 Thana -KOTWALI District- PATNA ====================================================== Sanjay Kumar, son of Ram Narayan Mahto, resident of Village- Haripur, P.S. Rosera, District- Samastipur presently at Mohalla- Lalit Sadan, Dariyapur, Nala Road, P.S. Kadam Kuan, District- Patna. .... .... Petitioner.

Versus

1. The State of Bihar.

2. The Bihar School Examination Board, Patna. .... .... Opposite Parties. ====================================================== Appearance :

For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kotwali P.S. Case No. 270 of 2017 registered under Section 417, 418, 419, 420, 467, 468, 208 and 201/120B of the Indian Penal Code.

As per the prosecution case, one Ganesh Kumar who had allegedly passed the intermediate examination in the year 1992 in second division from a particular school again appeared in the intermediate examination in 2017 and scored top position manipulating his date of birth as 1993 in place of its original date of birth as shown in the earlier examination. But on enquiry no irregularity or illegality was found in the evaluation of his answer sheets. The petitioner has facilitated the aforesaid misdeeds.

Patna High Court Cr.Misc. No.51275 of 2017 (03) dt.21-12-2017 - 2 - It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. The petitioner happens to be only local guardian of the said Ganesh Kumar and he had no knowledge of any acts or misconduct of the said Ganesh Kumar. The petitioner has been languishing in custody since 04.06.2017. Said Ganesh Kumar has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 61602 of 2017 vide order dated 19.12.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 Special Judge, N.I.A., Patna in connection with Kotwali P.S. Case No.270 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T