Sonu Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80360 of 2024 Arising Out of PS. Case No.-330 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== SONU KUMAR PANDEY S/O VIJAY KUMAR PANDEY RESIDENT OF VILLAGE- DADPUR P.S- AKBARPUR, DISTRICT- NAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Barnwal, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Parbatta P.S. Case No. 330 of 2024 instituted for the offences under Sections 318(2), 336(3), 338, 339, 340(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution story, in short, is that the accused persons were caught selling the question paper of Central Selection Board, Constable Selection Examination which was scheduled to be held on 07.08.2024. It is further alleged that accused persons were apprehended on the spot and question papers, bank cheque along with educational certificates of candidates etc. were recovered from their possession.
Patna High Court CR. MISC. No.80360 of 2024(3) dt.05-12-2024 2/3
4. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused. No specific overt act is alleged against the petitioner. Learned counsel further submitted that petitioner has not committed any offence. Learned counsel further submitted that nothing has been recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.08.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel further submitted that police caught the accused persons red-handed selling the question paper to the candidates who were going to appear for the Constable Examination. Learned counsel further submitted that as per seizure list, several educational certificates of the candidates, cheque given by the candidate etc. have been recovered from the possession of the accused persons. Learned APP further submitted that prayer for grant of bail of the co-accused person has already been rejected by this Court vide order dated 21.11.2024.
Patna High Court CR. MISC. No.80360 of 2024(3) dt.05-12-2024 3/3
6. Considering the aforesaid facts and circumstances of the case, nature of allegation and also the prayer for grant of bail of the co-accused person has already been rejected, this Court is not inclined to grant bail to the petitioner.
7. The prayer for grant of bail to the petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T