Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42237 of 2022 Arising Out of PS. Case No.-302 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SAURABH KUMAR Son of Singheshwar Singh Resident of Village - Telaur, P.s.- Goraul (Kathara OP), Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Mufassil, Begusarai P.S. Case No. 302/2022, registered for the offence punishable under Sections 420/ 467/ 468/34 of the Indian Penal Code and Section 10 of the Bihar Control Examination Act.

The allegation is regarding the petitioner having impersonated one Dilkhush Kumar and having appeared in his place in the examination held at the State Board of Technical Education,

Patna High Court CR. MISC. No.42237 of 2022(3) dt.25-01-2023 2/3 Bihar, however, he was caught by the Invigilator while he had found difference in the signature of the petitioner with that of the original Dilkhush Kumar, contained in the register.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 11.6.2022. The learned counsel for the petitioner has further submitted that the petitioner has already been sufficiently punished on account of the period of incarceration.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.42237 of 2022(3) dt.25-01-2023 3/3 Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Mufassil Begusarai P.S. Case No. 302/2022.

(Mohit Kumar Shah, J) Ajay/- U T