Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20757 of 2025 Arising Out of PS. Case No.-53 Year-2020 Thana- VISHNUPAD District- Gaya ====================================================== Vikash Kumar S/O Mithlesh Saw R/O Vill.- Mau, P.S.- Tekari, Dist.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the State :

Mr. Choubey Jawahar, APP.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 419, 420, 34 of the Indian Penal Code and Section 10 of the Bihar Conduct of Examination Act, 1981.

3. The allegation in the FIR is that the petitioner was caught at Mahavir College, Gaya as he was giving exam in place of Raja Babu having Roll No. 2000314.

4. Learned counsel for the petitioner submits that the petitioner was taken into custody due to a misunderstanding and no incriminating material was recovered from the possession of the petitioner. It is further submitted that the petitioner was all along on police bail before submission of charge sheet and only after submission of charge sheet and cognizance having been

Patna High Court CR. MISC. No.20757 of 2025(3) dt.28-05-2025 2/2 taken, the petitioner surrendered before the Court on 25.12.2024 and he is in judicial custody since then. It is further submitted by learned counsel for the petitioner that the petitioner has never misused the privilege of police bail earlier granted to him and he is now in custody since 25.12.2024 with no criminal antecedent. It has also been pointed out that one of the co-accused, namely, Kaushal Kumar was granted the privilege of anticipatory bail vide order dated 07.05.2025 passed in Cr. Misc. No. 27901 of 2025.

5. Learned APP for the State, however, opposes the prayer for regular bail.

6.

Considering the above-mentioned facts and circumstances and particularly that co-accused Kaushal Kumar has been granted the privilege of anticipatory bail by a Coordinate Bench of this Court, the above named petitioner is directed to be enlarged 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 the learned Court below where the case is pending/successor Court in connection with Vishnupad P.S. Case No. 53 of 2020.

(Soni Shrivastava, J) divyanshi/- U T