Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64113 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- SARAI RANJAN District- Samastipur ====================================================== Rakesh Kumar Son of Shyam Lal Village - Chaksima, Rupauli, ward no.-5, P.S. - Patori, Dist. - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 319(2) and 318(4) of the BNS read with Section 10 of The Bihar Conduct of Examination Act, 1981.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a young boy aged about 21 years and the informant alleges that in CTET 2024 Examination, the petitioner appeared in the examination in the first sitting, but in the second sitting, sent someone else to appear in the examination on his behalf, further the informant came to know about the occurrence when examinee, Mukesh and Kaushal became suspicious on seeing the candidate, next

Patna High Court CR. MISC. No.64113 of 2024(2) dt.23-09-2024 2/3 alleges that the accused who appeared in place of the petitioner disclosed his name as Raghuvir Kumar @ Rabi Raj having mobile number 8210046565.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is also submitted that petitioner had appeared in both the sitting of the examination and does not even remotely know Raghuvir Kumar. It is next submitted that petitioner is a young boy aged about 21 years and in the event if he is sent to judicial custody, his entire career would be jeopardized and chances are bright that he may come in contact with hardened criminals. It is also submitted very fairly that even if it is presumed that what is alleged is true without admitting then this is the first offence of the petitioner.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.64113 of 2024(2) dt.23-09-2024 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sarairanjan P.S. Case No. 88 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. One of the bailors of the petitioner shall be his father Shyam Lal.

8. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T