Munish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5940 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Munish Kumar Son of Kari Paswan R/o vill- Narainpiper Pansalla, P.S. - Khodawandpur (Chhorai O.P.), Distt. - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Khodawandpur (Chhorai O.P.) P.S. Case No. 274 of 2023 for the offences registered under Sections 419, 420, 467, 468, 471, 120B, 34 of the Indian Penal Code.

3. As per the prosecution case, on getting information that accused persons are involved in providing undue advantage through electronic device to the candidates of Constable Examination, the informant/A.S.I. reached at the house of coaccused. Seeing the police party five persons started fleeing away but on chase they were caught. They disclosed the name of the other accused persons who are involved in the said crime. Petitioner is alleged to be candidate of the aforesaid

Patna High Court CR. MISC. No.5940 of 2024(2) dt.09-02-2024 2/3 examination whose Admit Card was recovered from the house of co-accused Sunil Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. Petitioner is not named in the F.I.R. No incriminating article has been recovered from possession of the petitioner. Petitioner has no criminal antecedent. He is in custody since 02.10.2023. Charge-sheet has already been submitted. There is no chance of tampering with the evidence or absconding of the petitioner. It is further submitted that similarly situated co-accused, namely, Pinkesh Kumar has already been granted by a Co-ordinate Bench of this Court, vide order dated 31.01.2024 passed in Cr. Misc. No. 3773 of 2024.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in

Patna High Court CR. MISC. No.5940 of 2024(2) dt.09-02-2024 3/3 connection with Khodawandpur (Chhorai O.P.) P.S. Case No. 274 of 2023.

(Sunil Dutta Mishra, J) rakhi/- U T