Sujeet Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40733 of 2016 Arising Out of PS.Case No. -305 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ======================================================

1. Sujeet Kumar Yadav S/o Sufindra rai R/o Village- Alipur Mukund, P.S.- Mahua, Distrit-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Aditya Narayan Singh 1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-09-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Mithanpura P.S. Case No. 305 of 2015, disclosing offences under Sections 419,420,467,468,471/34 of the Indian Penal Code.

It is alleged that pursuant to the Advertisement NO. 01/2014, the petitioner was selected for the post of Constable. After the result of written examination was published, the petitioner was asked to appear for screening and physical examination. The petitioner did not appear. It was subsequently found that the handwriting of the petitioner on the answer-sheet did not tally with the signature of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner has not been appointed as constable and he is ready to cooperate with the police in course of investigation. It has also been submitted that there is no evidence on the basis of which it can be said that there is difference between the handwriting of the petitioner on the answer-sheet and his signature.

Considering the nature of allegation and the fact that there is least chance of tampering with the evidence, this application is allowed.

Let petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Muzaffarpur in Mithanpura P.S. Case No. 305 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. ArunKumar/-c (Chakradhari Sharan Singh, J) U