Anjesh Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54387 of 2021 Arising Out of PS. Case No.-423 Year-2021 Thana- BANKA District- Banka ====================================================== Anjesh Kumar Nirala Son of Subhash Singh Resident Of VillageSangrampur, P.S- Asarganj Dist- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2022 Heard learned counsel for the petitioner and Mr. Md. Mushtaque Alam, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Banka P.S. Case No. 423 of 2021 instituted for the offences under Sections 419 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 01.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant in the F.I.R. alleges that on 28.05.2021, one Rahul Kumar Sharma appeared at the Police Centre, Banka for his joining on the post of Constable. It is further alleged that during verification, the photo as well as the identification mark of the said accused did not match with the records provided by the Central Selection Board of Constable, Patna, Bihar. Further, on

Patna High Court CR. MISC. No.54387 of 2021(2) dt.15-02-2022 2/2 interrogation, the accused admitted that he had deployed another person, namely, Jitendra Singh to appear in his place in the written as well as physical examination conducted by the said Board for the post of Constable.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, he has committed no offence, name of this petitioner has come in this case on the basis of confessional statement of co-accused Rahul Kumar Sharma and the confession made before the police has no evidentiary value.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the nature of allegation and the fact that the petitioner is in custody since 01.06.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 423 of 2021.

(Satyavrat Verma, J) Rishi/- U T