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Patna High CourtCR. MISC./4575/2024allowed

Rajesh Kumar v. The State Of Bihar

2024-02-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4575 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Rajesh Kumar S/o Ram Chandra Paswan R/o Vill. - Ekamba, P.S. - Khodawandpur (Chhaurahi O.P.), Dist. - Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.

It is alleged against the petitioner that he was involved in providing undue advantage through electronic devices to the candidates of Constable Examination. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.4575 of 2024(2) dt.08-02-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing incriminating article was recovered either from the conscious possession or from the house of the petitioner. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Sunil Kumar which has no evidentiary value in the eye of law. The petitioner is languishing in custody since 28.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial

Patna High Court CR. MISC. No.4575 of 2024(2) dt.08-02-2024 3/3 Magistrate, Manjhaul (Begusarai) in connection with Khodawandpur (Chhorahi O.P) P.S. Case No. 274 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T