Raj Kumar @ Tuntun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35376 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== RAJ KUMAR @ TUNTUN son of Sri Kant Singh Village- Rukunpur PsGuraru Dist- gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Civil Lines P.S. Case No. 146 of 2023 registered for the offences punishable under Sections 419, 420, 467, 468/34 of the Indian Penal Code.

As per prosecution case, petitioner and other accused persons entered into conspiracy to secure success in physical examination of one candidate Parmatma Kumar for the post of Home Guard and in pursuance of said conspiracy petitioner along with other accused prepared forged Aadhar Card of Parmatma Kumar.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence

Patna High Court CR. MISC. No.35376 of 2023(2) dt.07-07-2023 2/3 as alleged in the FIR. Petitioner is in custody since 03.03.2023 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner was only spectator of ongoing physical test of Home Guard but he was apprehended by the police on mere suspicion. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Gaya in connection with Civil Lines P.S. Case No. 146 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.35376 of 2023(2) dt.07-07-2023 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (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.

(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.

(Alok Kumar Pandey, J) shahzad/- U T