Ranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50679 of 2019 Arising Out of PS. Case No.-44 Year-2018 Thana- UNIVERSITY District- Muzaffarpur ====================================================== RANJAN KUMAR Son of Late Gagandeo Prasad Thakur Resident of Village- Pratap Tand, P.S.- Bhagwanpur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-08-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of University Police Station Case No. 44 of 2018, disclosing offences under Sections 406/409/467/468/420/120B/34 of the Indian Penal Code.

The allegation against the petitioner, as per the First Information Report lodged by the Registrar of the B. R. A. Bihar University, Muzaffarpur, is that the petitioner along with others committed irregularities in the tabulation register and marks foil in the tabulation centre, at Laxmi Narayan College, Bhagwanpur, Hajipur.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.50679 of 2019(2) dt.14-08-2019 2/3 petitioner has not committed any offence in the manner alleged. He further submits that the petitioner is an Assistant in the College and he was deputed for the purpose of publication of result of T.D.C. Part-II Examination, 2016. He, relying upon the report of the Committee constituted under the direction of the University, submits that from perusal of the said report, it would be evident that the petitioner was only the custodian of tabulation register and marks foil and was not responsible for any other work and there is no finding of the Committee that the petitioner was indulged in tampering with the tabulation register and marks foil. It has only been alleged that one Amit Pandey, who was working at the tabulation centre, was providing documents to the Tabulators.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner was merely responsible for forwarding tabulation register and marks foil and there is no allegation of tampering with the tabulation register and marks foil by the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Ranjan Kumar, in the event of his arrest or surrender before the Court below within four weeks, be

Patna High Court CR. MISC. No.50679 of 2019(2) dt.14-08-2019 3/3 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 8th Additional Chief Judicial Magistrate, Muzaffarpur, in connection with University Police Station Case No. 44 of 2018, subject to the condition 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 bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √