Saurav Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69503 of 2022 Arising Out of PS. Case No.-204 Year-2021 Thana- BANKA District- Banka ====================================================== Saurav Kumar Gupta S/O Jagat Narayan Gupta Resident of Village- Argara Road, Lallu Pokhar, P.S.- Kasim Bazar, District- Munger. ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is named in F.I.R., and apprehending his arrest in connection with Banka P.S. Case No. 204 of 2021 corresponding to 204/2021 registered for the offences punishable under Sections 353, 427/34 of the Indian Penal Code (in short 'I.P.C.') and Sections 4, 6 and 10 of Bihar Conduct of Examination Act 1981.
The allegation against this petitioner is to create a ruckus and torn O.M.R. sheets and also to leave examination in-between along with other co-accused/students/candidates,
Patna High Court CR. MISC. No.69503 of 2022(2) dt.25-04-2023 2/3 while sitting in written examination for recruitment of Bihar Police Constable at MAY Inter College, Dhakamore, DisttBanka. Learned counsel appearing on behalf of the petitioner submitted that the allegation against petitioner is to run away after developing a ruckus by other examinees along with O.M.R. sheets and question paper from examination hall/centre. It is submitted that the fact of allegation is not sufficient to attract the allegation to deter the public servants, while discharging their official duty. It is also pointed out that similarly situated co-accused, namely, Nayanjeet Singh and Rohit Kumar Thakur have been granted bail by learned coordinate Bench of this Court through Cr. Misc. No. 74484 of 2022 vide order dated 06.04.2023 and Cr. Misc. No. 38808 of 2022 vide order dated 06.12.2022, respectively. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
Learned APP opposes the prayer of bail.
Considering the aforesaid facts and circumstances as similarly situated co-accused persons have already granted anticipatory bail by different learned co-ordinate Bench of this Court, the above named petitioner, in the event of his arrest or
Patna High Court CR. MISC. No.69503 of 2022(2) dt.25-04-2023 3/3 surrender within a period of four weeks, is also directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka/concerned Court, where the case is pending in connection with Banka P.S. Case No. 204 of 2021 corresponding to G.R. No. 204/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T