Ram Pravesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4472 of 2018 Arising Out of PS. Case No.-158 Year-2017 Thana- HAZIPUR INDUSTRIAL DistrictVaishali ====================================================== Ram Pravesh Chauhan S/o Narayan Chauhan @ Narayan Nonia, R/o VillageKateya (Taraiyan), P.S.- Kateya (Taraiyan), District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Chandra Gandhi For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 17.10.2017 in connection with Industrial Area P.S. Case No. 158 of 2017 for offences punishable under Sections 467, 468, 469, 470, 471, 420, 120-B of the Indian Penal Code. The prosecution case, as lodged by the informant police personnel, is that office of one Pawan Kumar Rai was raided in Hazaribagh, who admitted that he took Rs. 8 lakhs for admission in the Bihar Police Appointment Examination and revealed the name of several other co-accused who were kingpin and agents to extort money from the candidates who were aspirants of the said appointment. On their tip off the

Patna High Court Cr.Misc. No.4472 of 2018(3) dt.20-02-2018 2/3 petitioner and other candidates were arrested. From the possession of the petitioner mark-sheets of Matriculation and Intermediate, photo copy of Adhar Card, application and Admit Card for appearing in the said examination was recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is merely a student, an aspirant for appointment in the said recruitment and bears no criminal history. He submits that he has no concern with the persons who are at the helm of affairs taking extortion nor given any assurance, but himself an aspirant. He further submits that charge-sheet has already been submitted and he is not involved in any racket.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Judicial Magistrate, F.C., Vaishali at Hajipur, in connection with Industrial Area P.S. Case No. 158 of 2017, subject to the following conditions :

Patna High Court Cr.Misc. No.4472 of 2018(3) dt.20-02-2018 3/3 (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) Petitioner will cooperate in the inevstigation and provide all papers to the Investigating Agency as and when required and appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J) Rajesh/- U T