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Patna High CourtCR. MISC./24143/2025bail granted

Anuj Kumar v. The State Of Bihar

2025-05-02Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24143 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== 1.

Anuj Kumar Son of Sohan Chaudhary Resident of Mobarakpur, Police Station - Paraiya, District - Gaya.

2.

Shambu Kumar Son of Naulesh Yadav Resident of Sukna Bigha, Police Station - Kako, District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajanan Mishra, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 02-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. In this present case, the petitioners seek bail in connection with Gardanibagh P.S. Case No. 38 of 2025 registered for the offences under Sections 318(4), 338, 336(3), 340(2) and 112(2) of the B.N.S. and Section 10 of the Examination Conduct Act, 1981.

3. As per prosecution case, petitioners qualified in the constable examination taking the help of borrowed scholar for writing the exam on their behalf.

4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The allegation against the

Patna High Court CR. MISC. No.24143 of 2025(2) dt.02-05-2025 2/3 petitioners is that someone else wrote the exam on their behalf. Moreover, on the basis of said examination, petitioners did not get any service or any benefit from the service. Petitioners have been falsely implicated in this case only on suspicion. Petitioners are in custody since 15.01.2025 and charge-sheet has been submitted. Petitioners are having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioners and also considering the period of custody of the petitioners coupled with submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIII, Patna/concerned court in connection with Gardanibagh P.S. Case No. 38 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court

Patna High Court CR. MISC. No.24143 of 2025(2) dt.02-05-2025 3/3 below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T