Patna High CourtCR. MISC./72895/2023bail granted

Rahul Yadav v. The State Of Bihar

2023-11-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72895 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- RIVILGANJ District- Saran ====================================================== RAHUL YADAV, Son of Veeru Deva, Resident of Village - Haradiya, P.S.- Haradiya, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rabindra Kumar Tiwari, Advocate For the State :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Rivilganj P.S. Case No. 117 of 2023 registered for the offence punishable under Sections 419 and 420 of the Indian Penal Code and Section 10 of the Bihar Conduct of Examination Act, 1981.

3. As per the prosecution case, the petitioner was found in possession of electronic device during examination held for the appointment of Police. It is further alleged that the petitioner along with co-accused person pushed the police personnel and fled away after being chased.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on the basis

Patna High Court CR. MISC. No.72895 of 2023(2) dt.07-11-2023 2/2 of suspicion. There was no electronic device in possession of the petitioner and only on suspicion, the petitioner has been made an accused in this case. Petitioner claims clean antecedents.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Considering the rival submissions and aforesaid facts of the case, prayer for bail of the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran, in connection with Rivilganj P.S. Case No. 117 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T