Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33054 of 2019 Arising Out of PS. Case No.-500 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== 1.

Raj Kumar, Son of Raman Prasad, Resident of Village- Kamarganj, P.S.- Sultanganj, District- Bhagalpur, Pin- 813213. 2.

Ravindra Kumar, Son of Brahamdeo Yadav, Resident of Village- Mishradih Lachhwara, District- Jamui, Pin Code- 811315. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Awadhesh Kumar (S.I), Son of Late Kakhan Singh, R/o Lenin Nagar, Rajgir, Near PTJM College, Rajgir, P.S.-Rajgir, District-Nalanda. At present S.I., Central Selection Board (Constable Appointment), Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

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 11-09-2019 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 120B of the Indian Penal Code. The accusation is that in the examination of appointment of constables, out of 417 candidates, 235 candidates were qualified. On verification of the documents, the signature of 229 candidates including the petitioners were not matched with the signature of attendance sheet in the aforesaid examination. Learned counsel for the petitioners submits that it would

Patna High Court CR. MISC. No.33054 of 2019(7) dt.11-09-2019 2/2 appear from the F.I.R. that only allegation is that the signature of the petitioners and others were not tallied with the signature of attendance sheet in the examination and mere on suspicion, the petitioners have been made accused in the present case. It is further submitted that similarly situated co-accused, Gaurav Kumar, Sonu Kumar Sah, Lalu Kumar, Gautam Kumar and Bhunesh Ram, have already been granted privilege of pre- arrest bail by this Court vide order dated 01.08.2019 passed in Criminal Misc. No. 19971 of 2019 and another analogues case.

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 six 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 learned Sub-Judge-XIV-Cum-A.C.J.M., Patna, in connection with Gardanibagh 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) Bhardwaj/- U T