Patna High CourtCR. MISC./45099/2017bail granted

Pawan Kumar v. The State Of Bihar

2017-09-21Mr. Justice S. Kumar2 pages

Patna High Court Cr.Misc. No.45099 of 2017 (2) dt.21-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45099 of 2017 Arising Out of PS.Case No. -42 Year- 2015 Thana -NTPC District- BHAGALPUR ====================================================== Pawan Kumar son of Indra Dev Mahto, resident of Village- Sanha, Purwari Tole, P.S.- Sahebpur Kamal, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Kahalgaon N.T.P.C. P.S. Case No. 42 of 2015 registered for the offence punishable under Sections 419, 420, 467, 468 and 34 of the Indian Penal Code.

The allegation against the petitioner is that he managed Bhawesh Kumar to sit in examination in his place in the written examination of C.I.S.F., Constable fire at Kahalgaon D.A.V. School on 22.11.2015.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in this case. It has been further submitted

Patna High Court Cr.Misc. No.45099 of 2017 (2) dt.21-09-2017 that similarly situated co-accused persons namely Dinesh Kumar and Bhawesh Kumar have already been granted bail by this Hon'ble Court passed in Cr. Misc. Nos. 2162 of 2016 dated 25.01.2016 and 5528 of 2016 dated 15.02.2016 respectively. It has further been submitted that similarly situated co-accused Bibek Kumar has also granted bail by the Court below vide B.P. No. 699 of 2016. The petitioner has got clean antecedent and he is in custody since 31.07.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon N.T.P.C. P.S. Case No. 42 of 2015.

(S. Kumar, J) veena/- U T