Md. Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65219 of 2025 Arising Out of PS. Case No.-35 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Md. Aftab Alam S/o Md. Zafar Alam Resident of Village- Kakodha, P.S.- Sakatpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Iqbal Asif Niazi, Advocate Mr. Abu Bakar, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-09-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Laheriyasarai P.S. Case no.35 of 2024 registered under sections 420, 419, 467, 468, 471 and 120B of the Indian Penal Code and section 10 of the Bihar Conduct of Examinations Act, 1981.

3. As per the prosecution case, during conduct of CTET examination being held in January, 2024, the co-accused was found giving exam in place of the petitioner herein. It is stated that he was caught as a result of mismatch of the

Patna High Court CR. MISC. No.65219 of 2025(2) dt.17-09-2025 2/3 biometric thumb impression.

4. Learned counsel for the petitioner submits that from the contents of the F.I.R. itself it would transpire that neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. It is submitted that the petitioner has no concern with the accused who was caught. It appears that the reason for false implication of the petitioner is only that he was the beneficiary of the coaccused taking the exam in his place. The petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that it was as a result of a conspiracy entered into between the petitioner and the coaccused that the co-accused was giving the exam in place of the petitioner and was caught in the examination hall.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioner in the F.I.R. together with the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Laheriyasarai P.S. Case

Patna High Court CR. MISC. No.65219 of 2025(2) dt.17-09-2025 3/3 no.35 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga. (Partha Sarthy, J) avinash/- U T