Chunu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9210 of 2023 Arising Out of PS. Case No.-678 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== 1.

Chunu Kumar S/O Kamta Singh R/V- Chirauli, P.S.- Khizarsarai, DistrictGaya 2.

Suraj Kumar S/O Sanjay Kumar R/V- Bhandara Pokhar, P.S.- Ekangarsarai, District- Nalanda 3.

Gulshan Kumar S/O Raj Kumar Paswan R/V- Desna, P.S.- Asthawan, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 419, 420, 467, 468, 120(B) of the Indian Penal Code.

Allegation against the petitioners is that they played fraud for obtaining job in written examination of constable in Bihar Fire Services in light of advertisement No. 01/2021 and during bio metric verification their

Patna High Court CR. MISC. No.9210 of 2023(2) dt.17-04-2023 2/3 details did not match.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. It is further submitted that there is no any cogent material evidence against the petitioners except their self confessional statements. It is further submitted that the petitioners are bonafide candidates who had qualified for the said job but due to non fulfilment and to deprive from the job the present case has been lodged with false and fabricated allegations. Charge sheet has been submitted against them. Moreover, the petitioners are languishing in judicial custody since 13.11.2022. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Similarly situated co-accused, namely, Abhishek Kumar has been granted bail vide order dated 05.04.2023, passed in Cr. Misc. No. 4354 of 2023 by this Court.

Patna High Court CR. MISC. No.9210 of 2023(2) dt.17-04-2023 3/3 Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Gardanibagh P.S. Case No. 678 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna.

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