Rahul Kumar @ Rahul Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45360 of 2021 Arising Out of PS. Case No.-423 Year-2021 Thana- BANKA District- Banka ====================================================== Rahul Kumar @ Rahul Kumar Sharma S/O Vimal Kumar Sharma @ Vimal Sharma R/o village- Kamarachak, P.S.- Sangrampur, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajib Ranjan Jha, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State, Ms. Gulnar Begum through virtual court proceedings.

The petitioner seeks regular bail in connection with Banka P.S. Case No. 0423 of 2021 instituted for the offences under Sections 419 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 29.05.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the allegation in the F.I.R. is that the petitioner on 28.05.2021 appeared at the Police Centre, Banka for his joining on the post of Constable and during verification the photo as well as the identification mark of the petitioner did not match with the

Patna High Court CR. MISC. No.45360 of 2021(2) dt.05-01-2022 2/2 records provided by the Central Selection Board of Constable, Patna, Bihar. Further, on interrogation the petitioner admitted that he had asked one Jitendra Singh to appear in his place in the written as well as physical examination conducted by the said Board for the post of Constable.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case as such the credentials were checked at the stage of written and physical examination also but at that time no such aspersion was cast. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 29.05.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Banka P.S. Case No. 423 of 2021.

(Satyavrat Verma, J) Rishi/- U T