Raj Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1107 of 2019 Arising Out of PS. Case No.-424 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== Raj Kumar Paswan son of Vijay Paswan Resident of Village- Tilai, Police Station Sanjhauli, District Rohtas..

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subash Kumar For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Gardanibagh P.S. Case No. 424 of 2018 registered for the offence punishable under Sections 419, 420, 457, 468, 471, 472, 120 (B) of the Indian Penal Code. Allegation against the petitioner is that he did not appear in written and physical test which was held by the Board and in his place another candidate appeared.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has no criminal antecedent and he is in custody since 24.09.2018. Similarly placed co-accused, Sharvan Kumar and Nagendra Kumar have already been granted bail by this Court vide order dated 14.12.2018 passed in Cr. Misc. No.74319 of 2018 and order dated 20.12.2018 passed in Cr. Misc. No.76944

Patna High Court Cr.Misc. No.1107 of 2019(2) dt.24-01-2019 2/2 of 2018 respectively.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM XIV, Patna in connection with Gardanibagh P.S. Case No. 424 of 2018, with following conditions:- (1)Bailors should be one of the close relative of petitioner.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T