Akshay Kant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9371 of 2025 Arising Out of PS. Case No.-362 Year-2023 Thana- PATLIPUTRA District- Patna ====================================================== Akshay Kant, S/O Narendra Prasad @ Birendra Prasad Saw, R/O VillageKakadiya, P.S- Makhdumpur, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Patliputra P.S. Case No. 362 of 2023 dated 03.05.2023 instituted for the offence punishable under Sections 467, 468, 471, 419 of the Indian Penal Code.

3. The prosecution case in short, is that co-accused Pappu Kumar was found appearing in S.S.C. M.T.S. examination in place of the petitioner. The forged admit card and Aadhar Card of the petitioner was found with the said Pappu Kumar, who was appearing on behalf of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that it is apparent from the F.I.R that

Patna High Court CR. MISC. No.9371 of 2025(2) dt.06-03-2025 2/2 co-accused, Pappu Kumar was going to appear in the said exam, but he was apprehended at the spot during verification of the documents and from whose possession, the forged Admit Card and Aadhar Card of the petitioner was recovered. Only on that basis, the petitioner has been made accused in this case. It is further submitted that the petitioner has no concern with the coaccused Pappu Kumar. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Patliputra P.S. Case No. 362 of 2023, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-X, Patna subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T