Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61898 of 2021 Arising Out of PS. Case No.-22 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== RAKESH KUMAR S/O RABINDRA DAS @ RABINDRA MOCHI R/o village- Sare, P.S.- Sare, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Agam Kuan P.S. Case no. 22 of 2021 instituted for the offence under Section 419 of 420 of the Indian Penal Code.

As per allegation in the FIR, one candidate namely Vikram Kumar Gupta was apprehended from the examination Center, during paper verification, who was there to appear as dummy candidate in exam in place of the petitioner. Petitioner had given Rs. 20,000/- for this wrongful act.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Co-accused was apprehended out side the center and not in examination hall. There is no cogent evidence against the petitioner

Patna High Court CR. MISC. No.61898 of 2021(2) dt.28-06-2022 2/2 that he had provided Rs. 20,000/- to the co-accused for appearing in his place. Co-accused Vikram Kr. Gupta has been granted regular bail by the lower court. Petitioner has got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Agam Kuan P.S. Case no. 22 of 2021, he will be enlarged 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 ACJM, Patna City subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U