Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62988 of 2022 Arising Out of PS. Case No.-617 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Avinash Kumar S/O Kavindra Singh R/O Village- Balwapar, P.S- Islampur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420/34 of the Indian Penal Code and section 10 of the Bihar Examination Act.

As per the prosecution case, this petitioner was appearing in ST+SGT examination and it is alleged that he received a mobile phone from the window of the examination room and tried to take photograph of the question paper and made viral the question paper, when the invigilator Sangeeta Kumari Sinha tried to catch hold of the petitioner, he fled away from the examination hall.

It is submitted that petitioner has been falsely

Patna High Court CR. MISC. No.62988 of 2022(2) dt.17-03-2023 2/2 implicated in this case. No mobile phone has been recovered from possession of this petitioner and only on suspicion he has been made accused in this case.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, 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 Additional Chief Judicial Magistrate 5, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 617 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T