Patna High CourtCR. MISC./15415/2025bail granted

Vikash Kumar @ Bikash Kumar v. The State Of Bihar

2025-05-02Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15415 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== Vikash Kumar @ Bikash Kumar Son of Kavindra Singh Resident of VillageSanthuvan, P.S.- Karpi, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Gardanibagh P.S. Case No. 09 of 2025, registered for the offences punishable under Sections 318(4), 338, 336(3), 340(2) and 112(2) of the B.N.S., 2023 and Section 10/11 of the Bihar Public Examination (Prevention of Unfair Means) Act, 2024.

3. The prosecution case is to the effect that during the Central Selection Board Examination being conducted for the appointment to the post of Constable, the petitioner was found to be committing fraud and he had used another person in their place in order to secure job and during the biometric examination because of the differences found in the photo and thumb impression, the petitioner was apprehended.

Patna High Court CR. MISC. No.15415 of 2025(2) dt.02-05-2025 2/3

4. The learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case as he is a bona-fide student of the examination which was being conducted for appointment to the post of Constable. The petitioner has clean antecedent and he is in custody since 04.01.2025.

5. Learned APP for the state vehemently opposes the prayer for bail of the petitioner and stated that the petitioner by such conduct is trying to defame the state as well as it affects the other candidates adversely and hence he should not be released on bail.

6. Considering the facts and circumstances of the case and taking into account the fact that the petitioner is students who is appearing on the examination conducted for the appointment to the post of Constable and taking into account that the petitioner has clean antecedent and he is in judicial custody since 04.01.2025, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned Sub Judge-X-CumAdditional Chief Judicial Magistrate-XIII, Patna in connection with Gardanibagh P.S. Case No. 09 of 2025, subject to the

Patna High Court CR. MISC. No.15415 of 2025(2) dt.02-05-2025 3/3 following conditions:- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

(iii) In case the prosecution is found the petitioner's involvement in similar nature of allegation after his release and in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Sourendra Pandey, J) ajay/- U T