Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41349 of 2019 Arising Out of PS. Case No.-500 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== 1.

BIRENDRA KUMAR Son of Chhabbu Yadav Resident of Village-Katariya, Benigeer, P.S.-Munger Muffasil, District-Munger, Pin code-811202. 2.

Abhay Kumar Son of Binod Mahto Resident of Village-Chuabag, Balwaghat, P.S.-Kasim Bazar, District-Munger, Pin code-811201. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-09-2019 The petitioners apprehend their arrest in connection with Gardanibag P. S. Case No. 500 of 2018 registered under Sections 120B, 419, 468, 71 and 472 of the Indian Penal Code. Allegation against the petitioners as per FIR is that in the examination of Constable, out of 417 candidates, 235 candidates had qualified and on verification of documents, signatures of 229 candidates including the petitioners did not match to the signatures taken on attendance sheet in the examination. Learned counsel appearing on behalf of the petitioners submits that from perusal of the FIR, it would be evident that only allegation is that signatures of the petitioners did not tally to the signatures of attendance sheet of examination, which is based upon mere suspicion and on that basis the petitioners have

Patna High Court CR. MISC. No.41349 of 2019(3) dt.20-09-2019 2/2 been made accused in this case. Learned counsel further submits that similarly situated accused persons have been granted bail by a co-ordinate Bench of this Court in Cr.Misc. No. 19971 of 2019.

Having regard to the submissions made by the parties and taking into consideration the fact that similarly situated accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court, as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Patna in connection with Gardanibagh P.S.Case No. 500 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T