Rajeev Kumar Jaiswal @ Rajeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72087 of 2024 Arising Out of PS. Case No.-313 Year-2024 Thana- SHEKHPURA District- Sheikhpura ====================================================== Rajeev Kumar Jaiswal @ Rajeev kumar, Son of Raju Jaiswal, Resident of Karikado, P.S. - Kahalgaon, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr.Sailesh Kumar, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :
Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 318/(4), 338, 336(3), 340(2), 61(2) of B.N.S.S., 2023, Sections 66(C) and 66(D) of I.T. Act, 2000 and Section 10 of the Bihar Examination Act, 1981.
3. The case of the prosecution is that the petitioner was apprehended before entering into the examination center and he was found with wireless device which was intended to be used for cheating in the examination.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.72087 of 2024(2) dt.07-10-2024 2/2 committed no offence. He has been falsely implicated in this case by the police merely on suspicion. As the petitioner was not allowed to enter in the examination center, he could not commit the offence. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 12.08.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of the C.J.M., Sheikhpura in connection with Sheikhpura P.S. Case No. 313 of 2024. (Ashok Kumar Pandey, J) lata/- U T