Raj Kishore Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27469 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -JAMALPUR District- MUNGER ====================================================== Raj Kishore Kumar, son of Karalal Yadav, Resident of Village- Laraiya Tar, P.S.- Laraiya Tar (Dharhara), District- Munger. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate. For the Opposite Party/s : Mr. Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-07-2017 Heard Sri Praveen Kumar Agrawal, learned advocate for the petitioner and Sri Tarun Prasad Mandal, learned A.P.P. for the State.

The petitioner is seeking regular bail in Jamalpur P.S. Case No. 29 of 2017 under Sections 419 and 420 of the Indian Penal Code and Section 10 of Bihar Conducts of Examination Act. Learned counsel for the petitioner submits that his name was disclosed by one Suraj Kumar, who was caught impersonating the petitioner while writing examination at DAV Public School, Jamalpur. It is alleged in the First Information Report that the present petitioner was in fact in connivance with said Suraj Kumar. Learned counsel further submits that so far as the charge of impersonation is concerned, the same is against the co-accused Suraj Kumar, who has been granted regular bail by the

Patna High Court Cr.Misc. No.27469 of 2017 (2) dt.01-07-2017 2/2 learned court below. The petitioner is in custody since 24.03.2017. Considering the nature of allegations and the submissions made on behalf of the petitioner that the co-accused Suraj Kumar has been granted bail by the learned court below, let the petitioner, namely, Raj Kishore Kumar be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. II, Munger in Jamalpur P.S. Case No. 29 of 2017, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure and further that before releasing the petitioner the learned court below shall get itself satisfied with the records that the co-accused Suraj Kumar has already been granted bail, only then release order in favour of the petitioner shall be passed.

(Rajeev Ranjan Prasad, J) Dilip, AR U T