Raju Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45199 of 2022 Arising Out of PS. Case No.-302 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJU KUMAR THAKUR Son of Kishundev Thakur R/o Village - Mohanpur Kalan, P.S.- Ladania, Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

As per prosecution case, petitioner and others were apprehended while appearing in the examination in place of Vikash Kumar Paswan.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.45199 of 2022(2) dt.24-11-2022 2/3 petitioner is in custody since 10.06.2022. Petitioner bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner was just roaming around the examination center as his friend was also appearing in the examination but he has been falsely implicated in this case on the basis of suspicion. Petitioner is quite innocent and he has not committed any offence as alleged against him in FIR.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 Court of CJM, Begusarai in connection with Mufassil, Begusarai P.S. Case No. 302 of 2022, subject to following conditions:-

Patna High Court CR. MISC. No.45199 of 2022(2) dt.24-11-2022 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T