Gautam Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.134 of 2024 Arising Out of PS. Case No.-1537 Year-2023 Thana- NAWADA District- Nawada ====================================================== Gautam Raj S/O- Anil Prasad @ Anil Prasadd R/O- Village- Mahima Bigha, P.S.- Akbarpur, Dist.- Nawada.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-03-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Nawada Nagar P.S. Case No. 1537 of 2023, registered for the offences punishable under Sections 417, 420 of the Indian Penal Code and Section 10 of the B.E.C. and 66(B)(D) of the I.T. Act.

3. The allegation against above named petitioner is to be part of unfair practice by using electronic equipment with co-accused persons in Bihar

Patna High Court CR. MISC. No.134 of 2024(3) dt.19-03-2024 2/3 Constable Examination, 2023.

4. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced in this case on the disclosure of apprehended co-accused, namely, Akhilesh Kumar, where no incriminating scientific/technical evidence as of now appears connected with petitioner. It is further submitted by learned counsel that at the time of examination, petitioner was present in Project Kanya Inter School, Nawada, as he was also appearing in Police Constable Examination with roll no. 2015040542, and therefore, his presence alongwith apprehended co-accused appearing prima facie, non convincing. Petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of submission as raised through the supplementary affidavit as petitioner appears prima facie present in examination hall at relevant point of time, accordingly, above named petitioner, in the

Patna High Court CR. MISC. No.134 of 2024(3) dt.19-03-2024 3/3 event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada/concerned Court, where the case is pending in connection with Nawada Nagar P.S. Case No. 1537 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T