Patna High Court - Orders
Amitesh Kumar vs State Of Bihar & Anr on 28 November, 2018
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66600 of 2018
Arising Out of PS. Case No.-452 Year-2018 Thana- KOTWALI District- Patna
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Amitesh Kumar, Son of Shaligram Sharma @ Shaligram Singh Resident of
Village-Chainpur, P.S. Belaganj, District-Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Vigilance Bihar School Examination Board, Patna.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate.
For the Opposite Party/s : Mr. Ajay Mishra, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
4 28-11-2018Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Kotwali P.S. Case No. 452 of 2018 instituted for the offence under Sections 417, 418, 419, 420, 466, 467, 468, 474 and 201(B) of the Indian Penal Code.
In the written report it is alleged that forgery has been committed in mark-sheet register and computer data base of B.E.T.E.T Examination 2011 conducted by the employees of B.S.E.B. to give benefit to some other candidates by manipulation in the data as well as in the Record Room. As per written report Three Men Enquiry Committee was constituted. The Enquiry Committee found involvement of petitioner in the said occurrence. He was In-charge of the Computer Cell at that Patna High Court Cr.Misc. No.66600 of 2018(4) dt.28-11-2018 2/3 time. Petitioner is one of the named accused in the case.
Counsel for the petitioner submits that examination of BETET 2011 was held in the year 2011 by Bihar School Examination Board, Patna. Petitioner has joined as In-charge of Computer Cell in the month of January 2018 and took charge of computer Password. Petitioner found some irregularities in data base. He reported the matter on 29.01.2018 vide file No. C.C. 176 of 2018 to the Examination Controller that DATA is saved in Sql/DATA BSE BSEB, Patna. The Three Men Committee has not enquired the aforesaid saved DATA. The petitioner has been falsely implicated in the instant case.
Counsel for the petitioner further submits that co- accused Jata Shankar Mishra who was Incharge of the Record Room and against whom the Enquiry Committee has found specific charge, has already been granted bail by coordinate Bench of this Court vide order dated 19.11.2018 passed in Cr. Misc. 64445 of 2018.
Petitioner is said to be in custody since 21.7.2018. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail Patna High Court Cr.Misc. No.66600 of 2018(4) dt.28-11-2018 3/3 bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No. 452 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) S.Ali/-
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