Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67915 of 2024 Arising Out of PS. Case No.-212 Year-2024 Thana- MITHANPURA District- Muzaffarpur ====================================================== Rajeev Kumar Son of Baij Nath Chaudhari @ Baij Nath Choudhary R/o Village- Pratapganj, P.S.- Rajpur, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Mithanpura P.S. Case No. 212 of 2024, registered on 20.07.2024 for the offences under Sections 318(4), 338 336(3), 340(2) and 61(1) of B.N.S. and Section 10 of Bihar Conduct of Examination Act, 1981.

3. As per prosecution case, the petitioner was apprehended while impersonating and writing the examination of another co-accused Abhishek Kumar.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is an unemployed youth and has passed Bachelor of Engineering. FIR number has

Patna High Court CR. MISC. No.67915 of 2024(2) dt.01-10-2024 2/3 been mentioned at the top of the seizure list and this creates doubt over the prosecution case. Nothing incriminating has been recovered from this petitioner. There is no allegation that petitioner is a part of any racket. The petitioner has got no criminal antecedent. The petitioner is in custody since 21.07.2024.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation against the petitioner and also considering the clean antecedent of the petitioner as well as his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of Court No.6, learned J.M.F.C., Muzaffarpur/concerned court in connection with Mithanpura P.S. Case No. 212 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.67915 of 2024(2) dt.01-10-2024 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T