Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23966 of 2017 Arising Out of PS.Case No. -464 Year- 2009 Thana -PIRBAHOR District- PATNA ====================================================== Kundan Kumar S/o Girish Kumar @ Girish Pokharpur, R/o-Vill Pokharpur, P.S.-Giriyak, Distt. Nalanda .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Ahtash Ali Khan ======================================================

CORAM:

HONOURABLE MR.

JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-05-2017 Heard learned counsel for the petitioner and the State The petitioner is in custody in connection with Pirbahore P.S. Case No. 464 of 2009 for the offence under Sections 467, 468, 471 and 420/34 of the Indian Penal Code. The F.I.R. was lodged on 23rd November, 2009 on the written report of Registrar, Patna University, Patna at the order of the Vice-Chancellor.

From perusal of the letter of the Registrar, Patna University, it appears that petitioner and others named in the F.I.R. used forged letters purportedly issued by the office of the Governor of Bihar for favour in the matter of admission in Patna University. The petitioner has stated in para-06 of the petition that he has never applied for admission in Patna University. In para-07 of the petition, the petitioner stated that he never approached the H.E. Chancellor Bihar for his admission in Patna

Patna High Court Cr.Misc. No.23966 of 2017 (2) dt.31-05-2017 2/2 University in Chancellor's quota. Para -03 of the petition indicates that petitioner has no criminal antecedent. Similarly situated co-accused Pankaj Kumar and Vikash Kumar have been granted bail on 17.03.2011 vide order passed in Criminal Miscellaneous Nos. 42648 of 2010 and 42806 of 2010, respectively, Md. Kamran Arif was granted bail on 18.11.2011 vide order passed in Criminal Miscellaneous No.37917 of 2011 and Osim Prakash was granted bail on 09.11.2011 vide order passed in Criminal Miscellaneous No. 36827 of 2011. Having regard to the facts, mentioned above, and similarly circumstanced other co-accused have been granted bail, let the petitioner, above named, be released 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 Chief Judicial Magistrate, Patna or his successor Court in connection with Pirbahore P.S. Case No. 464 of 2009 on the condition that the petitioner shall co-operate in the trial and will not in any manner influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) manish/- U T