Vikas Kumar @ Manish Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32023 of 2021 Arising Out of PS. Case No.-148 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== VIKAS KUMAR @ MANISH KUMAR GUPTA S/O BRAJESH PRASAD @ UMESH KUMAR GUPTA R/o village- Kharadi, Ramchandarpur, P.S.- Bihar Sharif, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Muzaffarpur Sadar P.S. Case no.148 of 2021 registered under sections 419, 420 and 34 of the Indian Penal Code and section 10 of Bihar Examination Control Act.

As per allegation in the F.I.R., on information having been sent by the Examination Controller about the change of their seats by 14 of the examinees, names of whom are given in the F.I.R., including the petitioner herein, it is stated that the police arrived at the examination centre and took the accused persons in custody.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.32023 of 2021(2) dt.28-07-2021 2/2 that the allegations as levelled in the F.I.R. are false and concocted. Even accepting the allegations as levelled in the F.I.R., only suspicion has been raised against the examinees. The petitioner is in custody since 20.2.2021 and investigation in the case has concluded. The petitioner has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

The instant case was taken for hearing out of turn as the petitioner had enclosed with the mention slip his admit card for the Recruitment of Officers Scale I Regional Rural Banks Examination wherein he has to appear on 7.8.2021. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for more than 5 months, the petitioner is directed to be enlarged on bail in connection with Sadar P.S. Case no.148 of 2021 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 Chief Judicial Magistrate, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T