Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21929 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Rahul Kumar S/o Ram Vinnesh Mandal R/O Vill-Bathgama @ Bathnaha PsKhanpur, Dist-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the State :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Musrigharari P.S. Case No. 15 of 2024 instituted for the offence under Sections 419, 420 of the Indian Penal Code and Section 10 of the Bihar Conduct of Examination Act, 1981. 3.

As per the prosecution case, petitioner was caught giving examination of Intermediate in place of one Akash Kumar, bearing Roll Code- 5304 and Roll No. 24010133. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04-02-2024. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.21929 of 2024(2) dt.01-04-2024 2/3 counsel that petitioner has been falsely implicated in the present case. Noting incriminating has been recovered from the possession of the petitioner. It is submitted that no such type of occurrence took place, rather it is malice prosecution by the local party politics. It is submitted that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Musrigharari P.S. Case No. 15 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.21929 of 2024(2) dt.01-04-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj kishore/- U T