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Patna High CourtCR. MISC./53024/2021bail granted

Prashant Kumar v. The State Of Bihar

2022-07-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53024 of 2021 Arising Out of PS. Case No.-301 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== PRASHANT KUMAR S/o AVINASH CHOUDHARY R/o VILLAGEPARIOUNA, P.S- NOORSARAI, DISTRICT-NALANDA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sadar P.S. Case no. 301 of 2021 instituted for the offence under Section 419 , 420/34 of the Indian Penal Code.

As per allegation in the FIR, one candidate namely Vicky Kumar was apprehended from the examination Center, during verification while his face was not matching with the photograph loaded on computer screen, who was there to appear as dummy candidate in exam in place of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner was ill on the date of examination and later on he came to

Patna High Court CR. MISC. No.53024 of 2021(3) dt.04-07-2022 2/2 know that one person was appearing on his behalf in the exam. Several documents and I. Card of the petitioner has been misused by the apprehended candidate without the consent of the petitioner. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sadar P.S. Case no. 301 of 2021, he will be enlarged 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 CJM, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U