Allowed¶16

Gaurav Kumar v. the State of Bihar

Patna HC25 Jun 2024CR. MISC./39189/2024

Case brief

AI extract

What is this about?

Patna High Court; Criminal Miscellaneous (CR. MISC.) No.39189 of 2024; decided 25-06-2024; Justice Rudra Prakash Mishra; anticipatory bail; Section 438(2) Code of Criminal Procedure; Sections 419, 420, 467, 468, 120B, 414 Indian Penal Code; Section 66(D) I.T. Act; Section 3 Bihar Examination Conduct Act; exam malpractice via electronic devices in Bihar government examination; Arwal P.S. Case No. 504 of 2023 (District Jehanabad); petitioner Gaurav Kumar; co-accused regular bail order dated 16.02.2024 in Cr. Misc. No. 6612 of 2024; bail bond Rs. 10,000/- with two sureties.

What did the court decide?

Anticipatory bail granted: petitioner to be released on arrest/surrender within six weeks on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC. ¶16

Gaurav Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Arwal P.S. Case No. 504 of 2023 (offences under Sections 419, 420, 467, 468, 120B, 414 IPC, Section 66(D) I.T. Act and Section 3 Bihar Examination Conduct Act), should be released on anticipatory bail.

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Court's answer

Considering the facts and circumstances, the petitioner shall, in the event of arrest/surrender before the Court below within six weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Arwal P.S. Case No. 504 of 2023, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

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Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court, Cr. Misc. No. 39189 of 2024 (decided 25-06-2024, Rudra Prakash Mishra, J.) — petitioner apprehending arrest in Arwal P.S. Case No. 504 of 2023 for offences under Sections 419, 420, 467, 468, 120B, 414 IPC, Section 66(D) I.T. Act and Section 3 Bihar Examination Conduct Act, arising out of alleged unfair means committed through electronic devices in an examination conducted by the Government of Bihar. Counsel for petitioner submitted that the petitioner was innocent, was named only on the confessional statement of a co-accused, that nothing incriminating was recovered from his conscious possession, that a co-accused had already been granted regular bail (order dated 16.02.2024 in Cr. Misc. No. 6612 of 2024), and that he had no criminal antecedent; the APP opposed the prayer. Court directed release on anticipatory bail, on arrest/surrender within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to Section 438(2) CrPC conditions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39189 of 2024

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Arising Out of PS. Case No.-504 Year-2023 Thana- ARWAL District- Jehanabad

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======================================================

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Gaurav Kumar Son Of Mahendra Singh Resident Of Village - Kohraul, P.S. - Karpi, District - Arwal, Bihar

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... ... Petitioner/S

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Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Prince Kumar Mishra For the Opposite Party/s : Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 25-06-2024

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending his arrest in connection with Arwal P.S. Case No. 504 of 2023 instituted for the offences under Sections 419, 420, 467, 468, 120B, 414 of the Indian Penal Code, Section 66 (D) of the I.T. Act and Section 3 of the Bihar Examination Conduct Act.

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The allegation against the petitioner along with others is of engaging in the crime of committing unfair means through electronic devices in the examination conducted by the Government of Bihar.

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Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the

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Patna High Court CR. MISC. No.39189 of 2024(2) dt.25-06-2024 2/2

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alleged recovery. The name of the petitioner has come into light on the basis of confessional statement of co-accused person. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted regular bail by this Court vide order dated 16.02.2024 passed in Cr. Misc. No. 6612 of 2024. It is next submitted that the petitioner has no criminal antecedent.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Arwal P.S. Case No. 504 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Rudra Prakash Mishra, J)

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Arish/- U T

Gaurav Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Gaurav Kumar v. the State of Bihar

Case brief

What is this about?

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What the court decided

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