Abhinav Gaurav @ Anand Gaurav @ Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71172 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== ABHINAV GAURAV @ ANAND GAURAV @ PINTU YADAV S/o Ajeet Kumar R/o Village- Shyampur, P.S.- Kotwali, Distt- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State of Bihar through Economic Offence Unit Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Surya Narayan Sah, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in E.O. (Economic Offences) P.S. Case No. 20 of 2022 registered for the offences punishable under Sections 420, 467, 468 & 120B of the Indian Penal Code and Section 3/10 of the Bihar Examination Control Act, 1981 pending in the Court of learned S.D.J.M., Patna Sadar.

The petitioner in association of other co-accused is said to have made viral the question paper of the Bihar Public Service Commission.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.71172 of 2022(2) dt.24-03-2023 2/2 that no such occurrence as alleged ever took place. He has been falsely implicated in this case on the confessional statement of co-accused. The petitioner is not named in the F.I.R. It is further submitted that from perusal of the F.I.R. it appears that no material has come against the petitioner. He is not connected to co-accused, Keshav Jha. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of the allegation, the petitioner does not deserve bail. Considering the facts and circumstances of case as well as the nature of the allegation, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T