Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36516 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== Mithun Kumar, Male, aged about 28 years, Son of Moti Mandal, Resident of Village Bahatara Raghopur, P.S. - Raghopur (Parbatta), District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajit Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 67 of 2024 instituted for the offences punishable under Sections 419, 420, 467, 468 and 471/34 of the Indian Penal Code.

3. As per the allegation in the FIR, It is a case of impersonation in the examination of BPSC TIER-01.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. He further submits that nothing authentic proof is available on record to connect the petitioner in the alleged incident. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 01.02.2024.

5. Learned APP opposes the prayer for bail.

Patna High Court CR. MISC. No.36516 of 2024(3) dt.01-08-2024 2/2

6. From perusal of the FIR, case diary and the impugned order of the learned Additional Sessions Judge-III, Khagaria dated 18.04.2024, it appears that on the basis of informant Jeevan Kumar, Head Clerk, Office, District Programme Authority Establishment, Khagaria, the FIR has been lodged under Sections 419,420,467 and 471/34 of the Indian Penal Code against the present petitioner. It is also apparent that the face and thumb impression is not match with the bio-matrix of the candidates of BPSC TIER-01. From perusal of the records, it also appears that no document or any witness examined who has participated in the said examination, so considering all aspects of the matter, period of custody and submission of learned counsel for the petitioner, I am inclined to grant bail to the petitioner. Let the petitioner above named 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 the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupt Nagar) P.S. Case No. 67 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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