Sumit Kumar @ Sumit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62522 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- SACHIVALAYA District- Patna ====================================================== SUMIT KUMAR @ SUMIT S/O ANIL YADAV @ ANIL PRASAD YADAV R/O VILLAGE- RAGHUNATHPUR, NEAR WATER TANK, WARD NO. 2, PS. JADIYA, DIST. SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mrs. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Sachivalaya P.S. Case No.93 of 2023, registered for the offence punishable under Sections 419, 420, 467, 468, 471, 34 of the Indian Penal Code.

3. As per the FIR, the petitioner appeared in the 66th Combined Competitive Examination of Bihar Public Service Commission in the place of one Ratnesh Kumar.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He submits that the admit card was issued to the candidates for appearing in the

Patna High Court CR. MISC. No.62522 of 2023(4) dt.05-03-2024 2/2 examination and no fault was found in the issuance of the admit card. He further submits that before appearing in the examination hall, everything was checked at the time of entry and the signature of the candidates was also taken on attendance register. Both the petitioner and Ratnesh Kumar had different Roll Numbers. Petitioner's Roll No.was 431236 and Ratnesh's Roll No. was 206254. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks' from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T