Patna High CourtCR. MISC./40441/2023bail granted

Sandesh Kumar v. The State Of Bihar

2023-07-21Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40441 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== SANDESH KUMAR son of RAMBALI RAI Village- Mayatola Ps- Khaira Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody since 22.03.2023 in connection with Town P.S. Case No. 219 of 2023 for the offence punishable under Sections 420, 467, 468, 471 and 120 (B) of the I.P.C. lodged on 21.03.2023 by the informant Rajesh Kumar. As per the prosecution story, eleven candidates appeared for the post of Rural Postal Service and all were having education certificate of school of Bokaro. On suspicion, inquiry was made and it was found that these are forged certificates provided from a Cyber Cafe, Chhapra Bazar for which each accused were going to pay Rs. 2,50,000/-. Accordingly the F.I.R.

Patna High Court CR. MISC. No.40441 of 2023(2) dt.21-07-2023 2/3 Learned counsel for the petitioner submits that he is a student having genuine certificate from Bihar School Examination Board and when the police rounded of all the persons, he also came into the net.

Learned APP opposes the prayer stating that he was also part of the accused, who was using his forged certificate. Considering the fact that he is a student, who remained in custody since 22.03.2023, do not have criminal antecedent and will ultimately face the trial, this Court is inclined to extend him the privilege of bail with conditions. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of C.J.M Muzaffarpur, in connection with Muzaffarpur P.S. Case No. 219 of 2023 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.40441 of 2023(2) dt.21-07-2023 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/Jyoti/- U T