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Patna High CourtCR. MISC./47258/2023allowed

Rajeev Kumar Thakur v. The State Of Bihar

2023-09-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47258 of 2023 Arising Out of PS. Case No.-22 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== RAJEEV KUMAR THAKUR S/O VRIJ KISHOR THAKUR R/O VillageRampurtauli, P.S- Isuapur, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420 of the Indian Penal Code and 10 of the Bihar Examination Act.

3. The allegation against the petitioner is that he is indulged in the malpractice for examination which was conducted for Bihar Subordinate Police Service.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He further submits that there is an inordinate delay of more than 15 days in lodging the FIR, which creates a serious doubt over the genuineness of the prosecution story. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.47258 of 2023(2) dt.20-09-2023 2/2

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as there is a delay in lodging the FIR, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Town P.S. Case No.22 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T