Mukesh Kumar Ravi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36308 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- DESARI District- Vaishali ====================================================== Mukesh Kumar Ravi Son of Shivjee Rai Resident of village- Dovar Kothi @ Dobar Kothi, P.S.- Desari, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Desari P.S. case No. 26 of 2024 instituted for the offences under Sections 419, 420, 467, 468, 471 of the Indian Penal Code.

3. Prosecution case, in short, is that the photograph and thumb impression of the petitioner did not tally with the photograph and thumb impression recorded during the BPSC Examination. It is alleged that this petitioner has passed the said examination by forgery.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that petitioner himself

Patna High Court CR. MISC. No.36308 of 2024(2) dt.15-05-2024 2/3 appeared in the said examination and has done no act of forgery and the allegations levelled against him are false. Learned counsel further submitted that during BPSC examination, there was mandatory provision to bring the Admit Card and the same was duly verified by the invigilator and no any discrepancy was found. Learned counsel further contended that as such the petitioner had already cleared the examination, the issue of nonmatching of photograph and thumb impression may be due to some technical glitch. No incriminating/looted article has been recovered from the conscious possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.03.2024 and has no 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 aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, 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 Desari P.S. case No.

Patna High Court CR. MISC. No.36308 of 2024(2) dt.15-05-2024 3/3 26 of 2024, subject to the 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 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.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T