Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4354 of 2023 Arising Out of PS. Case No.-678 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Abhishek Kumar Son Of Arvind Prasad R/V- Kela Bigha, P.S.- Telhara, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Gardanibag P.S. Case No. 678 of 2022 registered under sections 419, 420, 467, 468, and 120B of the Indian Penal Code.

Allegation against the petitioner is that he appeared at the fireman physical exam and during biometric process, his photograph was not matched at that time, and after that he accepted that instead of him, another person was appeared in the written exam of this recruitment and he was appeared in the physical exam. Further, this case has been registered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.4354 of 2023(2) dt.05-04-2023 2/3 falsely been implicated in this case. It is further submitted from para-9 of this petition that there is no any report of expert with regard to the thumb impression and signature of the petitioner that he has not appeared in the written examination and only on mere suspicion that there is difference in the signature through biometric of the petitioner has been made accused in the present case. It is also submitted that at the time of physical examination, the petitioner himself appeared in the physical exam and at the time of written examination, no any verification was made, and without having substantive piece of evidence he has been dragged in this case. Moreover, he is languishing in judicial custody since 13.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gardanibag P.S. Case No. 678 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial

Patna High Court CR. MISC. No.4354 of 2023(2) dt.05-04-2023 3/3 Magistrate, First Class, Patna.

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