Md. Ashif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2131 of 2024 Arising Out of PS. Case No.-489 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Md. Ashif Son Of Md. Amruddiin @ Amir Hasan Resident Of Village - Arraha, P.S. - Madhepura, District - Madhepura 2.

Md. Almin Son Of Md. Amruddin @ Amir Hasan Resident Of Village - Arraha, P.S. - Madhepura, District - Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Anand For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 420,379/411 of the Indian Penal Code, sections 66 and 66C of the IT Act and section 10 of the Bihar Examination Act.

3. As per the prosecution case, co-accused Md. Dilshad, who was deputed at the exam center as Jammer Operator, was found with a mobile phone, suspected to be engaged in exchange of information to others.

4. It is submitted on behalf of the petitioners that the petitioners are not named in the FIR. Their name has come in

Patna High Court CR. MISC. No.2131 of 2024(2) dt.31-01-2024 2/2 the case on the basis of confessional statement of co-accused Md. Dilshad. There is no allegation against them regarding exchange of exam related materials with said co-accused. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in Madehpura Police Station Case No. 489 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T