Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27207 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== SUMIT KUMAR Son of Satyendra Singh R/o Village- Kuwari Madan, P.S.- Mejarganj, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-03-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No. 44 of 2020 for the offence punishable under Sections 420, 468, 471 of the Indian Penal Code and Section 10 of Bihar Conduct of Examination Act. The allegation against the present petitioner is that he participated in the examination of Sub-Inspector of Bihar Police and after examination, he has taken away his OMR Sheet. The learned counsel for the petitioner has submitted that the entire allegation is false. The examination was conducted on 22.12.2019 and after near about one month, an

Patna High Court CR. MISC. No.27207 of 2021(2) dt.10-03-2022 2/2 allegation has been levelled against the petitioner that he has taken away his OMR Sheet. The real fact is that the OMR Sheet was missing and the Centre Superintendent is responsible for it. The petitioner has not only falsely been implicated, but also his carrier has been ruined, as his OMR Sheet has been misplaced by the authorities itself.

Considering the above mentioned facts and circumstances, let the petitioner above named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 44 of 2020, subject to condition as laid down under Section 438 (2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) kamlesh/Mahesh U T