Patna High CourtCR. MISC./67568/2024bail granted

Laxman Kumar v. The State Of Bihar

2024-09-25Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67568 of 2024 Arising Out of PS. Case No.-460 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Laxman Kumar Son of Nanku Kewat R/o Village- Baldih, P.S.- Sikandra, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2024 Heard Mr. Yogesh Chandra Verma, learned Senior counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 21.07.2024, in connection with Lakhisarai P.S. Case No. 460 of 2024, F.I.R. dated 20.07.2024 registered for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2) of the Bhartiya Nyaya Sanghita (i.e. B.N.S.) and Section 10 of the Bihar Examination Act, 1981.

3. Allegation against the petitioner is that he tried to sit in the examination in place of Arun Chaudhary.

4. Learned Senior counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that as per

Patna High Court CR. MISC. No.67568 of 2024(2) dt.25-09-2024 2/3 allegation in the F.I.R. the petitioner has tried to sit in the examination in place of Arun Choudhary. Learned counsel for the petitioner further submits that it appears from the F.I.R. itself that before attempting the petitioner has been arrested so no case is made out against the petitionier in the aforesaid Section. The petitioner is in custody since 21.07.2024.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 460 of 2024, subject to the following conditions :-

(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.67568 of 2024(2) dt.25-09-2024 3/3 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T