Kundan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24492 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Kundan Kumar, aged about 32 Years, Son of Ram Lagan Prasad Singh, R/o Village- Bulachak, P.S.- Barbigha, District- Shekhpura.

2. Chunnu Kumar @ Amit, aged about ... years, Son of Rakesh Kumar , R/o Kutir, P.S.- Warisaliganj, District- Nawada. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Shiw Kumar Prabhakar For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Warisaliganj P.S. Case No. 14 of 2017, registered under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code and Section 10 of Bihar Examination Conduction and Control Act and Section 66 of I.T. Act.

Learned counsel for the petitioners submits that on receiving secret information about gathering of miscreants in a rented house at village Bilari, P.S. Katrisarai, District- Nalanda to make arrangement for cheating in SCC examination through Whats App and Blue tooth thereafter informant reached there

Patna High Court Cr.Misc. No.24492 of 2017 (4) dt.19-07-2017 2/3 and 20 persons named in the F.I.R. including the petitioners were apprehended. On search, Bhusan Kumar and Sunil Kumar were found in possession of mobile sets, blue tooth Admit Cards and certificates of several examinations. The petitioner no.1 was in possession of one Samsung mobile, ATM card and Rs. 600/-, whereas petitioner no.2 was found in possession of ATM card, mobile set and Rs. 110/-. Brajesh Kumar and Navin Kumar were also found in possession of ATM and mobile set. Submission is that similarly situated co-accused Brajesh Kumar and Navin Kumar have been granted bail on 05.07.2017 vide Criminal Miscellaneous No. 24509 of 2017. Further submission is that petitioners have no criminal antecedent are in custody since 06.02.2017.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Warisalganj P.S. Case No. 14 of 2017. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner and further the petitioner shall remain present on each

Patna High Court Cr.Misc. No.24492 of 2017 (4) dt.19-07-2017 3/3 and every date during the course of the trial. If the petitioner fails to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds.

(Rajendra Kumar Mishra, J) manish/- U T