Neeraj Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69940 of 2021 Arising Out of PS. Case No.-52 Year-2015 Thana- RUPASPUR District- Patna ====================================================== NEERAJ KUMAR @ NIRAJ KUMAR Son of Suresh Yadav Resident of Village- Bearin, P.S.- Asharganj, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narsingh Tanti For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Rupaspur P.S. Case No. 52 of 2015 instituted for the offences under Sections 419 and 420 of the Indian Penal Code.

The petitioner is alleged to have committed cheating in the examination for appointment of Constables / Fireman.

The accusation against the petitioner is on the basis of different handwriting in different documents furnished by the petitioner and the measurement of his

Patna High Court CR. MISC. No.69940 of 2021(2) dt.27-01-2022 2/3 height.

It has been submitted on behalf of the petitioner that merely because there is some difference between two handwriting samples of the petitioner and in the measurement of his height, he cannot be stated to have resorted to cheating and impersonation. There could be some mistake somewhere and such mistake could be inadvertent. There could be various reasons for the difference in two set of handwriting.

Considering this aspect of the matter, some of the other accused persons of this case have been granted anticipatory bail by this Court by order dated 19.01.2022 passed in Criminal Miscellaneous No. 31484 of 2021 and order dated 30.11.2021 passed in Criminal Miscellaneous No. 22799 of 2021.

For the reasons afore-stated, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.69940 of 2021(2) dt.27-01-2022 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -II, Danapur, Patna, in connection with Rupaspur P.S. Case No. 52 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashutosh Kumar, J) sunilkumar/- U T