Ramesh Kumar Singh @ Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70875 of 2022 Arising Out of PS. Case No.-511 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Ramesh Kumar Singh @ Rajnish Kumar S/O Ram Shankar Singh Resident of village- Chakbheli, P.S.- Chaklal Shahi, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Om Prakash Om, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 467, 468, 471 and 420 of the Indian Penal Code and Section 10 of the Bihar Conduct of Examination Act, 1981.

According to prosecution case, the petitioner had passed the matriculation examination twice under different names and he was found guilty by the Railway Department for filing forged documents in the course of re-examination.

Patna High Court CR. MISC. No.70875 of 2022(2) dt.13-03-2023 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that the allegation as alleged in the F.I.R. is that he has passed the matriculation examination twice under different names. He further submits that in fact, the petitioner is a bonafide student and he has not submitted any false or fabricated certificate as alleged in the F.I.R. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 01.09.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sadar P.S. Case No. 511 of 2022, 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

Patna High Court CR. MISC. No.70875 of 2022(2) dt.13-03-2023 3/3 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 witnesses, 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 antecedent, 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) Vanisha/- U T