Petitioner seeking bail in an examination malpractice case charged under IPC and Bihar (Jharkhand) Conduct of Examination Act, 1981. Court granted bail pending trial.
Petitioner directed to be released on bail on furnishing bond of Rs.10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 70 of 2018
Ibrar Hassan @ Ibrar Hussain … Petitioner
The State of Jharkhand
-versus… Opposite Party
---- CORAM : HON’BLE MR. JUSTICE ANANDA SEN
For the Petitioner : Mr. Santosh Kumar Tiwari, Advocate For the State : A.P.P.
4/ 09.02.2018 Heard learned counsel for the parties.
Learned A.P.P. appearing for the State opposes the prayer for grant of bail of the petitioner.
Petitioner is accused for allegedly committing the offence punishable under Sections 406, 409, 418, 420 and 120B of the Indian Penal Code, Sections 3, 4 of the Bihar (Jharkhand) Conduct of Examination Act, 1981.
Allegation is that when the petitioner and others were called for counseling as they had already qualified in the written examination held for Class IV posts, the Counseling Committee also conducted a test in which the petitioner could not answer the questions correctly. Thus, it was deduced that by resorting to unfair means he has qualified the main exam.
Learned counsel for the petitioner submits that the petitioner is in custody since 13.11.2017 and the maximum punishment prescribed under the Bihar (Jharkhand) Conduct of Examination Act, 1981, is six months. He also submits that the Counseling Committee could not have conducted examination as the same was beyond their jurisdiction.
From the impugned order, it is clear that a further examination was held by the Counseling Committee and as the petitioner could not answer the questions correctly, it was presumed by the Committee that he has obtained marks in the main written examination by committing some fraud.
Keeping in view the period of custody, petitioner, namely, Ibrar Hassan @ Ibrar Hussain, is directed to be released on bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Daltonganj, Palamau in connection with Daltonganj (Town) Police Station Case No.382 of 2017 corresponding to G.R. No.2536 of 2017.
( Ananda Sen, J.)
Kumar/Cp-03
1 issue framed by the court
Whether the petitioner is entitled to be released on bail in connection with offences of cheating and criminal conspiracy in an examination matter.
2 provisions across 2 enactments
Ibrar Hassan @ Ibrar Hussain
The State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
