Aditya Kumar Chaudhary @ Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1063 of 2025 Arising Out of PS. Case No.-229 Year-2024 Thana- ROSERA District- Samastipur ====================================================== Aditya Kumar Chaudhary @ Aditya Kumar S/O Nand Lal Chaudhary Resident of village- Parwana,P.S- Shivajinagar, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sameer Ranjan, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Rosra P.S. Case No. 229 of 2024, registered on 23.09.2024, for the alleged offences under Sections 318(4), 336(3), 61(2)(a), 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Bihar Conduct of Examination Act, 1981.

03. As per prosecution case, the petitioner was found writing examination for the Semester-II of B.A in place of coaccused Harsh Kumar Chaudhary.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was himself a student of B.A. (Honours)

Patna High Court CR. MISC. No.1063 of 2025(2) dt.05-02-2025 2/3 and prior to that he has passed Intermediate examination in Science stream in the year 2024. It is not believable that the petitioner has been writing exam in place of a senior student since the petitioner has just taken admission in BA (Honours). Learned counsel further submits that the petitioner is aged about 19 years and he is in custody since 24.09.2024 and charge-sheet has been submitted. The petitioner is having clean antecedent.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the age of the petitioner and further considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Rosera, Samastipur in connection with Rosera P.S. Case No. 229 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.1063 of 2025(2) dt.05-02-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T