Dharmendra Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3455 of 2024 Arising Out of PS. Case No.-386 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Dharmendra Kumar Ram Son of Shiv Chand Ram Resident of Rudalpur, P.S.- Jalalpur, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Bhagwan Bazar P.S. Case No. 386 of 2023, registered on 01.10.2023 for the offences under Sections 420, 467, 468, 469, 471, 472, 120B of the Indian Penal Code.
3. As per prosecution case, police apprehended co-accused Ravi Kumar with walkie-talkie and other blue tooth device. It is alleged that co-accused was helping the candidate of constable recruitment examination with the help of blue tooth device by making them available the answers to the questions. The apprehended co-accused disclosed the name of the petitioner, who had been running one Jalalpur Physical Academy and provided the co-accused with walkie-talkie and
Patna High Court CR. MISC. No.3455 of 2024(2) dt.07-02-2024 2/3 other equipment.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and except the statement of apprehended co-accused person, nothing has been found against the petitioner. Though the police mentioned in the FIR that a whatsapp group is being run under the name of Jalalpur Physical Acamdey and there are 29 members in that whatsapp group but nothing was seized from this petitioner showing his connection with the whatsapp group. The petitioner has no concern with Jalalpur Physical Academy as stated by the co-accused. The petitioner is an unemployed person preparing for competitive examination and has got no criminal antecedent.
5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that it was the petitioner who provided walkie-talkie and blue tooth device to the co-accused for providing answers to the questions in constable recruitment examination.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the remoteness of allegation without any specific substantial material against the petitioner, let the petitioner above named, in
Patna High Court CR. MISC. No.3455 of 2024(2) dt.07-02-2024 3/3 the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Saran at Chapra/concerned court in connection with Bhagwan Bazar P.S. Case No. 386 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) DKS/- U T