Amardeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31690 of 2022 Arising Out of PS. Case No.-97 Year-2015 Thana- GARDANIBAG District- Patna ====================================================== Amardeep Kumar, S/O Kamal Kishor Mandal Resident Of Village- Jamni, P.S.- Jagdishpur, District- Bhagalpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Md. Nurul Hoda For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 420, 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that during physical examination for appointment of Constable at Gardanibagh, one Ajeet Kumar along with other co-accused were arrested as their face did not match with the documents. Further, It transpired that Ajeet Kumar had appeared in place of Amardeep Kumar (petitioner) as petitioner elder brother had assured to pay him Rs.20,000/-.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.31690 of 2022(2) dt.22-11-2022 2/2 petitioner has been falsely implicated in the present case. It is next submitted that though he had applied for the said examination, but he never intended to participate in it and as such, it appears that Ajeet Kumar taking advantage of the said fact appeared and when he got apprehended, he falsely alleged that he was asked to appear in place of the petitioner. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Gardanibagh P. S. Case No.97 of 2015, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T