STATE OF BIHAR & ANOTHER Vs. AMIT KUMAR @ BACHA RAI

JUDGEMENT

(1.) Leave granted.

(2.) This criminal appeal is filed by State of Bihar against the final judgment and order dated 14.02017 passed in Criminal Miscellaneous No. 53391 of 2016, by the High Court of Judicature at Patna, wherein the High Court has passed following order:

(3.) Aggrieved by the above order of the High Court, granting conditional bail to the respondent, State of Bihar is in appeal before us Brief factual matrix in the present matter is that the students of one Vishnu Rai College, Kiratpur Raja Ram Bhagwanpur, Vaishali, were successful in occupying first ten places in the merit list of Intermediate Examination conducted by Bihar Intermediate Education Council. Subsequently there was a report in the electronic media about the poor intellectual capacity of those who have topped the Intermediate Examination in the State of Bihar. In light of scathing media reports, students whose names were part of the merit list were called for an interview before the Bihar Schools Complex Committee. Subsequently a written complaint was lodged by the Director of Secondary Education. Consequently an FIR bearing P.S. Case No. 270/2016 dated 06.06.2016 was registered before the Kotwali Police Station Patna under Sec. 420, 465, 468, 471, 120B of Indian Penal Code, 1860. Thereafter, investigation was conducted which revealed fraudulent practices prevailing in Bihar Intermediate Examination involving students and management of the said Vishnu Rai College resulting in the arrest of the respondent herein.