Ravi Shankar Kumar @ Ravi Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52327 of 2022 Arising Out of PS. Case No.-556 Year-2022 Thana- DANAPUR District- Patna ====================================================== RAVI SHANKAR KUMAR @ RAVI SHANKAR Son of Bangali Prasad Resident of Village - Hasopur Milky, P.s.- Chandi, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Danapur P.S. Case No. 556 of 2022, registered for the offence punishable under Sections 420, 467, 468, 471, 120(b) of the Indian Penal Code and Section 10 of the Bihar Examination Control Act.

The case of the prosecution in brief is that physical test for the purposes of making appointment on the post of Sub-Inspector of Police was held on 16.6.2022, wherein the photograph of the petitioner was matched with his photograph available in the computer and there a mismatch was detected. It is also alleged

Patna High Court CR. MISC. No.52327 of 2022(3) dt.02-02-2023 2/3 that during the course of further enquiry, it transpired that in the preliminary and mains examination, some other person had impersonated the petitioner and had appeared instead of him, however, in the physical test, the petitioner had appeared, with the sole motive of getting selected somehow, and for the said purpose, the petitioner is stated to have paid a sum of Rs. 55,000/- to the person, who had impersonated the petitioner and appeared in the prelim and mains examination.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 17.6.2022. The learned counsel for the petitioner has further submitted that the petitioner has been sufficiently punished on account of the period of incarceration of the petitioner herein, hence, some sympathy be shown to the petitioner.

Per contra, the learned APP for the State has

Patna High Court CR. MISC. No.52327 of 2022(3) dt.02-02-2023 3/3 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since 17.6.2022, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Danapur, Patna in connection with Danapur P.S. Case No. 556 of 2022.

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