Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54664 of 2016 Arising Out of PS.Case No. -129 Year- 2016 Thana -AIRPORT District- PATNA ====================================================== Pankaj Kumar S/o Sri Chabilal Ram Resident of Village Latauna, P.S Triveniganj, District Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 23.08.2016 in connection with Hawai Adda P.S. Case No. 129 of 2016 registered for the offence punishable under Sections 419, 420, 467, 468, 464 and 471/34 of the Indian Penal Code. The prosecution case is that while the examination for ITI CAT, 2016 was being conducted, it has come to light that the petitioner had appeared in the said examination in place of Vijay Kumar Ram.

It has been submitted by the learned counsel for the petitioner that he had appeared in the examination on behalf of his cousin, Vijay Kumar Ram and has accepted his guilt on being

Patna High Court Cr.Misc. No.54664 of 2016 (2) dt.23-12-2016 2/2 arrested. It has further been submitted that there is no earlier criminal history of the petitioner and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of Sri Sarvan Singh, learned Judicial Magistrate, Patna in connection with Hawai Adda P.S. Case No. 129 of 2016, subject to the condition that one of the bailors must be a close relative and petitioner will file an affidavit undertaking that he will appear before the learned Court below during trial, as and when required. This is subject to further condition that if the petitioner, in future, is found to have indulged in similar nature of offence, his bail bonds liable to be cancelled.

(Nilu Agrawal, J.) Arjun/- U T