Hukama Ram @ Hukma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73076 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- MITHANPURA District- Muzaffarpur ====================================================== Hukama Ram @ Hukma S/o Pema Ram R/o Amar Singh Ki Thani Liyand, P.S.- Liyand, District- Barmer, Rajasthan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Sharma, Sr. Adv.

Mr.Vishwajeet Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-10-2024 Heard the parties.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 467, 468, 120B, 471 of the IPC and section 10 of the Bihar Conduct of Examination Act, 1981. 3.

As per the prosecution case, the allegation against the petitioner is that he was found appearing in the examination of NEET, on the admit card of co-accused Raj Pandey and for that he has taken Rs.Four Lakhs.

4.

It is submitted by learned Senior Counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the allegation against

Patna High Court CR. MISC. No.73076 of 2024(2) dt.29-10-2024 2/3 the petitioner is false and fabricated. It is submitted that the petitioner is a student of 6th semester, MBBS, AIIMS, Jodhpur. Learned Senior Counsel submits that the Superintendent of the Centre cum the Headmaster has not lodged the F.I.R. against the petitioner and nor has handed him over to the police. There is no iota of evidence to connect the petitioner with the alleged occurrence. A supplementary affidavit has been filed on behalf of the petitioner, whereby it is stated that the petitioner has to appear in the 6th Semester of MBBS Examination, which is going to be held from 11th November, 2024 and there is every possibility of his arrest. The examination schedule is enclosed at AnnexureP/2 of the Supplementary affidavit. Learned Senior Counsel for the petitioner further submits that the petitioner is ready to deposit Rs.4,00,000/- (Rupees Four Lacs) before any Authority, whichever, the Court deems appropriate. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail. 6.

On the basis of the statement made by learned Senior Counsel for the petitioner and in view of the facts of the case, the petitioner is directed to deposit the said amount of Rs.Four Lakhs in the Patna High Court Legal Services Committee and

Patna High Court CR. MISC. No.73076 of 2024(2) dt.29-10-2024 3/3 accordingly, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mithanpura P.S. Case No.139 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as also the following condition:

(1) The bail bond of the petitioner shall be accepted by the learned Court below on showing the receipt of deposit of Rs. Four Lakhs in the Patna High Court Legal Services Committee.

(Anjani Kumar Sharan, J) pallavi/- U T