Patna High CourtCR. MISC./35510/2024bail granted

Subhash Kumar Bharti v. The State Of Bihar

2024-05-09Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35510 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- SACHIVALAYA District- Patna ====================================================== Subhash Kumar Bharti S/o Janardan Yadav R/o Hirapatti, ward no. 12, p.S. - Jadiya, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghaw Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sachivalaya P.S. Case No. 15 of 2024 instituted for the offences under Sections 467, 468, 471, 419, 420 of the Indian Penal Code.

3. The allegation against the petitioner is that during counselling the Bio-metric verification of petitioner did not tally in the Teacher Competitive Examination conducted by BPSC.

Patna High Court CR. MISC. No.35510 of 2024(2) dt.09-05-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. From perusal of impugned order, it appears that photo and fingerprint did not match which constitute an offence of impersonation of Section 419 of the IPC, which is bailable in nature. Charge-sheet has been submitted in this case and there is no any chance of tampering with the evidence. The petitioner is in custody since 11.02.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, petitioner having no criminal antecedent as well as the period of custody undergone by him, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sachivalaya P.S. Case No. 15 of 2024, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.35510 of 2024(2) dt.09-05-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T