Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72260 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Rohit Kumar S/O Shiv Prasad R/O Village- Brisinghpur, Saray, Bharat, P.S.- Holagarh, District- Prayagraj, Uttar Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmendra Kumar Paswan For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 419, 420, 468/120B of the Indian Penal Code and Section 10 of the Bihar Examination Conduct Act.
3. As per prosecution case, the course of School Teacher Recruitment Examination-2023 conducted by B.P.S.C. and one examinee having Roll No. 127422, namely co-accused Vikash Chandra Yadav as per mentioned in the Admit Card has been found appeared in the examination, whose photo, fingerprint and face-biometric Authentication and Face Recognition Device have been found mis-match, hence this case has been lodged.
Patna High Court CR. MISC. No.72260 of 2023(2) dt.09-11-2023 2/3
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and he is not apprehended from the place of occurrence. He submitted that the examination was held on 25.08.2023 from 10:00AM to 12:00 PM but in crucial circumstances the attendance list was prepared at 02:50 PM and after the preparation of attendance list the name of the petitioner was shown by the concern police at 3:00 PM on 25.08.2023, which is suspicion in the facts and circumstances of the case. Save and except suspicion and confessional statement of the informant, there is no material in record to corroborate the implication of the petitioner with the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 26.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.72260 of 2023(2) dt.09-11-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Chakia P.S. Case No. 309 of 2023. (Sunil Kumar Panwar, J) Arish/- U T