Patna High Court - Orders
Amit Kumar vs The State Of Bihar on 12 December, 2018
Author: Vinod Kumar Sinha
Bench: Vinod Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70061 of 2018
Arising Out of PS. Case No.-452 Year-2018 Thana- KOTWALI District- Patna
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Amit Kumar, Son of Chandrika Prasad, resident of Flat No. 203 , 2nd Floor
near Jhunjhun Mahal, Gardanibagh, Patna P.S.- Gardanibagh, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar
For the Opposite Party/s : Mr. Sri Ajay Mishra
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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
ORAL ORDER
3 12-12-2018The petitioner seeks regular bail in connection with Kotwali P.S. Case No. 452 of 2018, registered for offences punishable under Sections 417, 418, 419, 420, 466, 467, 468, 471/120B of the Indian Penal Code.
Allegation is of commission of forgery and manipulation in the database relating to examination of BETET, 2011, for which, an enquiry was conducted and after enquiry it transpired that 1342 results in database were changed and there is further allegation is of commission of forgery in record room. Petitioner is not named in the F.I.R. later on his name transpired in this case during course of investigation.
It has been submitted on behalf of the petitioner that he has no role to play in the aforesaid forgery and manipulation Patna High Court Cr.Misc. No.70061 of 2018(3) dt.12-12-2018 2/3 and he was incharge of the computer cell till 2006 and, thereafter, he was transferred from there. It has further been submitted that from the F.I.R itself, it is evident that the password was with the co-accused Amitesh Kumar and earlier the password was with co-accused Arvind Kumar and Amitesh Kumar has already been enlarged on bail by a coordinate Bench of this Court vide order dated 28.11.2018 passed in Cr. Misc. No. 66600 of 2018 and co-accused Arvind Kumar has been granted bail by the court below itself. Further submission is that petitioner has been in custody since 30.07.2018 and ready to abide by any condition imposed on him.
Learned counsel for the State opposed the prayer for bail and submitted that in para - 32 of the case diary, one witness has stated that this petitioner was also holding the password during the relevant period and further the co-acused Amitesh Kumar and Arvind Kumar has also named this petitioner.
Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Patna High Court Cr.Misc. No.70061 of 2018(3) dt.12-12-2018 3/3 learned Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No. 452 of 2018, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunilkumar/-
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