Ravi Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32558 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- ALIPUR District- Gaya ====================================================== RAVI RANJAN KUMAR SON OF RAMASHRAY YADAV R/O VILLAGETEERA, P.S.- HULASGANJ, DISTRICT- JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Petitioner seeks regular bail in a case registered for the offences punishable under Sections 419 and 420/34 of the Indian Penal Code as well as section 10 of Bihar Conduct Examination Act. Allegedly, this petitioner appeared in place of other student namely, Asutosh in 5th Semester of electrical engineering examination and he was caught red handed while appearing in the said examination in place of actual student Asutosh. The main submissions advanced by Sri Ansul, the learned counsel appearing for the petitioner are that alleged offence under section 420 IPC is not made out and only offence under section 419 IPC may attract in this case which is triable by a Magistrate and other offence under section 10 of Bihar Conduct Examination Act is

Patna High Court CR. MISC. No.32558 of 2022(2) dt.02-09-2022 2/2 punishable six months' maximum imprisonment and the petitioner has been languishing in jail since 15.2.2022. having clean antecedent. Sri Ajit Kumar, learned APP appearing for the State has opposed the prayer for bail.

In view of above submissions and mainly taking into account petitioner's custody period, his academic career and clean antecedent and also the fact that alleged offences are triable by a Magisterial court, in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Gaya in Alipur P.S Case No. 17 of 2022. (Shailendra Singh, J) s.hassan/- U T