Rambhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.449 of 2023 Arising Out of PS. Case No.-729 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== Rambhu Kumar S/O Late Siya Ram Mehta R/O Village- Tulsiya, Ward No 02 P.S.- Bihariganj, Distt- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Alamganj P.S. Case No.729 of 2022 registered for the offences punishable under Sections 419, 420, 465, 467, 468, 471 and 34 of the Indian Penal Code.
The allegation against the petitioner is to allow co-
Patna High Court CR. MISC. No.449 of 2023(2) dt.04-05-2023 2/3 accused, namely Shiv Kumar, in examination of RRB Guwahati Level-I in his place.
Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on spot and his name appeared on the basis of disclosure made by Shiv Kumar. It is submitted that said Shiv Kumar appeared with different roll number and certainly petitioner cannot be said in position to avail any benefit attending co-accused in examination as alleged. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above as petitioner is not apprehended on spot having different roll number with that of co-accused person, namely Shiv Kumar, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Patna City, Patna/concerned Court below where the case is pending in
Patna High Court CR. MISC. No.449 of 2023(2) dt.04-05-2023 3/3 connection with Alamganj P.S. Case No.729 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T