Manish Kumar vs The State Of Bihar
2021 Latest Caselaw 2638 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 4251 of 2021
   Arising Out of PS Case No.-402 Year-2020 Thana- SAMASTIPUR MUFFASIL District-
                                        Samastipur
 ======================================================

Manish Kumar, aged about 23 years, Son of Ravindra Kumar, Resident of Village- Dainikhon, PS- Baheri, District- Darbhanga.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar, Advocate For the State : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-06-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

21.06.2021, which was allowed.

3. Heard Mr. Bipin Kumar, learned counsel for the

petitioner and Mr. Pramod Kumar Pandey, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

4. The petitioner apprehends arrest in connection with

Samastipur (Muffasil) PS Case No. 402 of 2020 dated 16.09.2020,

instituted under Sections 420, 120B of the Indian Penal Code and

4, 10 and 38 of the Bihar Conduct of Examination Act, 1981.

Patna High Court CR. MISC. No.4251 of 2021 dt.25-06-2021

5. The allegation against the petitioner is that his

original admit card for appearing at the Bihar State Teacher

Eligibility Test (STET) examination was found from co-accused

Sikandar Kumar, who was caught at the gate of the examination

centre.

6. Learned counsel for the petitioner submitted that at

the relevant time, he had gone to attend the call of nature and had

handed over his original admit card to co-accused Sikandar

Kumar, but when he returned, the co-accused was not present. It

was submitted that there is no complicity of the petitioner and

further that he has no criminal antecedent.

7. Learned APP submitted that Sikandar Kumar was not

an examinee and, thus, his presence at the examination centre

itself is highly suspicious. Further, it was submitted that the

petitioner not taking any steps if it was true that Sikandar Kumar

was given the original admit card and was not to be found, also

indicates that the petitioner was never present there and had

arranged to get Sikandar Kumar appear for him at the

examination. Learned counsel submitted that it is a grave issue

where STET examination is a basis of employment and by the

conduct of the petitioner, bona fide persons are excluded by

committing fraud on the system and further that it would amount Patna High Court CR. MISC. No.4251 of 2021 dt.25-06-2021

to employment to a person who is totally incompetent and not able

to clear the test himself.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

9. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T