Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54104 of 2016 Arising Out of PS.Case No. -144 Year- 2016 Thana -KARPI District- JEHANABAD ====================================================== Binay Kumar, Son of Sri Rajendra Prasad, resident of Village - Keyal, Police Station - Karpi in the district of Arwal. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjeet Kumar, Advocate For the Opposite Party : Mr. Jitendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Karpi P.S. Case No. 144 of 2016, registered for the offences punishable under Sections 420, 467, 468, 471, 472/34 of the Indian Penal Code.

Allegedly, in the file folders of the petitioner, in graduation mark sheet it was found cutting and over-writing and accordingly F.I.R. has been lodged against the petitioner and others as well as Panchayat Secretary of several gram-panchayat. Submission is of false implication and that the petitioner has applied on the basis of matric and intermediate certificates and mark sheets and not on the basis of graduation because at that time the petitioner was not graduate, the petitioner was only male EBC candidate and accordingly he was selected. In

Patna High Court Cr.Misc. No.54104 of 2016 (2) dt.21-12-2016 2/2 the application, the petitioner shows intermediate passed in the graduation column after cutting the same and corrected so that cutting is not vital rather it was mistake only in merit list also on the basis of matriculation examination result and the intermediate result, the same was mentioned, the petitioner has passed graduation from the IGNOU after taking permission in the year, 2015 and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned Chief Judicial Magistrate, Arwal, in connection with Karpi P.S. Case No. 144 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T