Rahul Kumar @ Rahul Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56710 of 2024 Arising Out of PS. Case No.-386 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== Rahul Kumar @ Rahul Kumar Manjhi Son Of Vinod Manjhi @ Vinod Kumar Manjhi Village- Rudalpur, Ps- Jalalpur, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

In the present case, the petitioner is apprehending his arrest in connection with Bhagwan Bazar P.S. Case No. 386 of 2023, registered on 01.10.2023 for the offences under Sections 420, 467, 468, 469, 471, 472, 120B of the Indian Penal Code.

3.

As per the prosecution case, police apprehended co-accused Ravi Kumar, brother of the petitioner who was carrying walkie-talkie and blue tooth device for helping the candidates of Constable recruitment examination at a nearby centre. From the search of the co-accused Ravi Kumar, apart from the electronic devices, the admit card of the petitioner was also recovered. Subsequently, the fact also came to knowledge

Patna High Court CR. MISC. No.56710 of 2024(2) dt.13-09-2024 2/3 that a business whatsup group has been formed in the name of Jalalpur Physical Academy and questions papers of constable examination were supplied to the members which included this petitioner.

4.

Learned counsel appearing on behalf of the petitioner at the outset submits that petitioner did not sit for writing examination and any allegation of adopting unfair means in the Constable examination is completely false and baseless. There is no specific allegation against the petitioner. From the facts of the case it is also apparent that no transaction took place between the petitioner and the co-accused. Similarly situated co-accused person who runs the Jalalpur Physical Academy and allegedly provided walkie-talkie and other equipments to the petitioner has been granted anticipatory bail by this Court vide order dated 07.02.2024 passed in Cr. Misc. No. 3455 of 2024.

5.

Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. 6.

Having regard to the fact and circumstances and submission made on behalf of the parties and considering the vague nature of allegation and further possibility of false accusation, let the petitioner above named, in the event of his

Patna High Court CR. MISC. No.56710 of 2024(2) dt.13-09-2024 3/3 arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned J.M.- 1st Class, Saran at Chapra, in connection with Bhagwan Bazar P.S. Case No. 386 of 2023, subject to the condition laid down under Section 438(2) of the code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ranjeet/- U T