Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49991 of 2022 Arising Out of PS. Case No.-112 Year-2022 Thana- BANKA District- Banka ====================================================== Babloo Kumar Son Of Late Umesh Chandra Das Resident Of Village - Bijay Nagar, P.S.- Banka, District - Banka.

s... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Banka P.S. Case No. 112 of 2022 registered under Sections 419 and 420 of the Indian Penal Code and Sections 4 and 10 of Bihar Conduct of Examination Act, 1981.

As per allegation in the FIR, during the course of examination of Sanskrit paper in first sitting of Annual Secondary Examination, one Kartik Kumar was caught as fake examinee, who was appearing at the said examination in place of this petitioner.

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

Patna High Court CR. MISC. No.49991 of 2022(2) dt.12-01-2023 2/2 submitted that petitioner has no concern with co-accused Kartik Kumar and he has never given any document to the co-accused. It is further stated that co-accused Kartik Kumar, who is fake examinee appearing at the exam in place of petitioner, has already been granted bail by learned Sessions Judge, Banka vide B.P. No. 1016 of 2022. A statement has been made in para-3 of this petition that petitioner has got no criminal antecedent. Petitioner is languishing judicial custody since 01.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Banka P.S. Case No. 112 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

(Sunil Kumar Panwar, J) shubham/- U T