High Court allowed two petitioners accused in a cheating case involving SSC examination malpractice to be released on bail upon furnishing a bail bond of Rs.10,000 and two sureties.
Petitioners directed to be released on bail on furnishing bail bond of Rs.10,000 each with two sureties of the like amount to A.C.J.M.-II, Nawada.
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Patna High Court Cr.Misc. No.24509 of 2017 (2) dt.05-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24509 of 2017
Arising Out of PS.Case No. -14 Year- 2017 Thana -WARSALIGANJ District- NAWADA
====================================================== 1. Brajesh Kumar, Son of Ashok Mehta, Resident of Village- Rajpur Sarsandi, P.S.- Gwalpara, District- Madhepura. 2. Navin Kumar, Son of Late Gopal Yadav, Resident of Village- Sohba, P.S. Bidhan, District Samastipur.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
2 05-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners are accused in connection with Warsaliganj P.S. Case No. 14 of 2017, registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code, Section 10 of the Bihar Conduct of Examination Act and Section 66 of the I.T. Act.
The accusation is that Officer-in-Charge of Warsaliganj, on receiving secret information about gathering of several persons in a rented house at Villae Bilari Katrisarai, Nalanda, to make arrangement for cheating in S.S.C., Bihar, examination through WhatsApp and mobile, reached there and
Patna High Court Cr.Misc. No.24509 of 2017 (2) dt.05-07-2017
apprehended 20 persons named in the F.I.R. including the petitioners. On search, Bhushan Kumar and Sunil Kumar were found in possession of mobile sets, bluetooth, admit cards and certificate of several examinees whereas petitioner no. 1 was found in possession of ATM card and mobile set and petitioner no. 2 was also found in possession of one mobile set.
Learned counsel for the petitioners submits that it would appear from the F.I.R. that no objectionable material was found in possession of the petitioners. It is further submitted that petitioner has no criminal antecedent and is in custody since 06.02.2017.
Having regard to the facts and the circumstances of the case, the petitioners above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Nawada, in connection with Warsaliganj P.S. Case No. 14 of 2017. Out of two sureties, one surety must be the close relative of the petitioners .
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
3 issues framed by the court
Whether the petitioners accused in cheating case are entitled to bail upon furnishing security and sureties.
Whether the petitioners can be released on bail given the circumstances of their detention.
What conditions are required for the release of petitioners on bail.
4 provisions across 4 enactments
Brajesh Kumar
Navin Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
