Dinkar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37134 of 2021 Arising Out of PS. Case No.-51 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== DINKAR KUMAR S/O MRITYUNJAY KUMAR R/o Mohalla- Badi Durgah Purani Bazar, P.S.- Lakhisarai, District- Lakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate.

Mr. Sameer Ranjan, Advocate.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 419, 420, 467 & 468/34 of the Indian Penal Code and Section 10 of the Bihar Conduct of Examination Act, 1981.

The petitioner is said to have caught hold in course of impersonating one candidate, namely, Nandan Kumar in the examination hall.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite

Patna High Court CR. MISC. No.37134 of 2021(2) dt.16-07-2021 2/2 innocent and has been falsely implicated in this case merely on suspicion. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, the petitioner has bright career and on the alleged date of occurrence he had gone to the ION, Digital Zone, IDZ, Bhagalpur to enquire about the job, where he sat on one computer for checking his e-mail and was not aware that examination for JR was going on and caught by the Lab Supervisor. Learned counsel for the petitioner has filed a supplementary affidavit in which it is stated that the petitioner has to appear in an examination on 18.07.2021. The petitioner has no criminal antecedent and has been languishing in custody since 24.03.2021.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Industrial P.S. Case No.51/2021. (Anjani Kumar Sharan, J) Trivedi/- U T