Vipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69205 of 2019 Arising Out of PS. Case No.-475 Year-2019 Thana- DIGHA District- Patna ====================================================== Vipin Kumar, aged about 25 years, Male, Son of Ramdeep Prasad Yadav @ Rajdeep Prasad Yadav @ Ramdeep Prasad Resident of Village - Rustampur, P.S.- Muffasil, Distt - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 20-11-2019 Instant petition under Sections 439 and 440 of Criminal Procedure Code has been moved for grant of bail in F.I.R. No. 475 of 2019 dated 16.08.2019 registered at Police Station Digha, District-Patna under Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code and Section 19 and 20 of the Examination Control Act.

I have heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. I have also perused the relevant record of the case, necessary for adjudication of this petition.

Petitioner is alleged to have impersonated himself and appeared in examination on behalf of the other person, which fact is seriously disputed. Prima facie also it appears that thus

Patna High Court CR. MISC. No.69205 of 2019(2) dt.20-11-2019 2/3 far no case against the petitioner is made out indicating his complicity in the alleged crime.

It is submitted by learned counsel for the petitioner that the petitioner has roots in the society; and is not likely to interfere in the investigation or influence any of the witnesses or destroy the evidence, as also that he is behind bars since 17.08.2019. At this stage petitioner is not required for investigation.

Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/-(Twenty five thousand) with two sureties of like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patna in connection with Digha P.S.Case No.475 of 2019 on the following conditions:- (i) That one of the bailors of the petitioner shall be his close relative.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his

Patna High Court CR. MISC. No.69205 of 2019(2) dt.20-11-2019 3/3 bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. Any observation made herein shall not be construed to be an expression on the merits of the matter. Petition stands disposed of in the above terms. (Sanjay Karol, CJ) B.Kr./- U T