Ramesh Kumar Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48285 of 2023 Arising Out of PS. Case No.-469 Year-2020 Thana- SUPAUL District- Supaul ====================================================== RAMESH KUMAR RANJAN, Son of Shivnarayan Yadav, Resident of village - Dahariya, P.S. - Chhatapur, Distt. - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Nikesh, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-08-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Supaul PS case no. 469 of 2020, registered for the offences punishable under Sections 419, 420/34 of the Indian Penal Code.

3.

The case of the prosecution in brief, according to the informant, who is the Senior District Commandant, Bihar Home Guard, Supaul, is that in pursuance to an Advertisement, issued for selection of Home Guards, physical test was conducted at Supaul Stadium and during the course thereof, the candidates had appeared and their video footage/ photographs were compared with their actual photographs in the Admit Cards, whereupon it was found that 53 candidates had engaged

Patna High Court CR. MISC. No.48285 of 2023(2) dt.11-08-2023 2/3 in impersonation at the time of conduct of physical test and the petitioner is also stated to be one of them.

4.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the occurrence took place in the year, 2019 but the F.I.R. has been lodged in the year, 2020 i.e. after a lapse of about 09 months. It is also submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vide orders dated 28.04.2022, 11.08.2022 and 08.05.2023, passed in Cr. Misc. no. 49643 of 2021, Cr. Misc. no. 15746 of 2022 and Cr. Misc. no. 7563 of 2023, respectively.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the parity of the case of the petitioner with that of the co-accused persons, who have already been granted anticipatory bail by a co-ordinate Bench of this Court, I deem it fit and appropriate to admit the petitioner to

Patna High Court CR. MISC. No.48285 of 2023(2) dt.11-08-2023 3/3 the privilege of anticipatory bail.

7.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Supaul in connection with Supaul PS case no. 469 of 2020, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T