Shambhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24182 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Shambhu Kumar, S/o Shival Yadav, Resident of Village- Arni Khurd, PSBodhgaya, Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-05-2025 Heard Mr. Jitendra Kumar, learned Advocate for the petitioner and Mr. Satyendra Narayan Singh, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Industrial Area P.S. Case No. 111 of 2024 registered for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 61(2) of the B.N.S. 2023 and Section 3/4 of the Bihar Examination Act.
3. Based upon the written report, the prosecution alleges that during the course of examination conducted by the Staff Selection Commission in connection with the appointment of Constable, one Rahul Kumar Yadav was apprehended, who disclosed that he was appearing in place of the petitioner.
4. Learned Advocate for the petitioner taking this
Patna High Court CR. MISC. No.24182 of 2025(2) dt.01-05-2025 2/3 Court through the written report has submitted that the petitioner has neither any concern with Rahul Kumar Yadav nor he had ever asked anyone to appear in his place. The entire case is based upon the suspicion and circumstantial evidence. Moreover, the petitioner is a student and he has been preparing for competitive examination and, as such, keeping him behind the bar shall ruin his entire career. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the investigation and the proceedings of the Court. It is lastly contended that so far Rahul Kumar Yadav is concerned, he has been accorded the privilege of bail by the court below itself, the copy of which is placed before the Court and the same is kept on record.
5. On the other hand, learned counsel for the State vehemently opposed the bail application and submitted that it is a case of impersonation and the said Rahul Kumar Yadav was found appearing on behalf of the petitioner; thus, the matter is serious in nature.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner is a student having fair antecedent and the entire case is based on suspicion and circumstantial evidence, let the above named
Patna High Court CR. MISC. No.24182 of 2025(2) dt.01-05-2025 3/3 petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Hajipur, Vaishali in connection with Industrial Area P.S. Case No. 111 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) rohit/- U T