Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19971 of 2019 Arising Out of PS. Case No.-500 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Gaurav Kumar, Son of Sunil Kumar Yadav Resident of Village- Mangra Pokhar, P.S.- Sndalpur, District- Munger.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28691 of 2019 Arising Out of PS. Case No.-500 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== 1.

Sonu Kumar Sah, Son of Ramlayak Sah, Resident of Village-Sareya Hardi Tola, P.S.-Baniyapur, District-Saran 2.

Lalu Kumar Son of Mohan Yadav Resident of Village-Nandpur, P.S-Manjhi, District-Chhapra, Pin Code-841313 3.

Gautam Kumar Son of Chandradev Yadav Resident of Village-Nauranga, P.S-Chautham, District-Khagaria, Pin Code-851201 4.

Bhunesh Ram Son of Munsi Ram Resident of Village-Singasani, P.SRamgadhba, District-East Champaran, Pin Code-845433 ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 19971 of 2019) For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Parmeshwar Mehta (In CRIMINAL MISCELLANEOUS No. 28691 of 2019) For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-08-2019 Both the aforesaid applications arise out of the same Gardanibagh P.S. Case No. 500 of 2018 registered under Sections 419, 468, 471, 472 and 120(B) of Indian Penal Code. Therefore, both the aforesaid applications have been heard

Patna High Court CR. MISC. No.19971 of 2019(7) dt.01-08-2019 2/3 together and are being disposed of by this common order. Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Gardanibagh P.S. Case no. 500 of 2018, registered under Sections 419, 468, 471, 472 and 120(B) of the Indian Penal Code.

The accusation is that in the constable examination out of 417 candidates, 235 candidates were qualified. On verification of the documents, the signature of the 229 candidates, including the petitioners, were not matched with the signature of attendance sheet in the examination. Learned counsel for the petitioners submits that it would appear from the F.I.R. only allegation is that the signature of the petitioners and others were not tallied with the signatures of attendance sheet in the examination and mere on suspicion, the petitioners have been made accused in the present case. Further submission is that similarly situated coaccused Raj Kishore Prasad and six others have already been allowed pre-arrest bail by a co-ordinate Bench of this Court on 08.07.2019 vide Criminal Miscellaneous No. 21958 of 2019. The petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.19971 of 2019(7) dt.01-08-2019 3/3 Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Judge-XIVcum-ACJM, Patna in connection with Gardanibag P.S. Case No. 500 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T