Vikash Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19845 of 2016 Arising Out of PS.Case No. -752 Year- 2015 Thana - NAWADA District- NAWADA =====================================

1. Vikash Kumar Bharti, Son of Dinesh Chandra Mandal, Resident of Village - Kelwari, P.S. - Islampur, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Kr. Ranjit Ranjan (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-07-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Nawada Town P.S. Case No.752 of 2015, disclosing offences under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.

The petitioner was applicant for appointment to the post of Constable. Allegedly, in the written test, he managed someone else to write the paper to ensure his success. It appears that the petitioner was declared

Patna High Court Cr.Misc. No.19845 of 2016 (4) dt.15-07-2016 2/3 successful on the basis of the said test. It also appears that when he was asked to appear before the authorities, for the purpose of verification, the petitioner did not turn up, which generated some kind of suspicion in the mind of the authorities, leading to lodging of the First Information Report.

Learned counsel, appearing on behalf of the petitioner, has submitted that the petitioner is being wrongly implicated in this case on the basis of incorrect allegations. He has submitted that, in fact, the petitioner had participated in the process of selection and the allegations, made in the First Information Report, are incorrect.

In paragraph 3 of the application, it has been stated that the petitioner has no criminal antecedent. Considering the facts and circumstances of the case and the submission advanced on behalf of the petitioner, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Town P.S. Case

Patna High Court Cr.Misc. No.19845 of 2016 (4) dt.15-07-2016 3/3 No.752 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner, above named, shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T