Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81508 of 2024 Arising Out of PS. Case No.-668 Year-2024 Thana- BIHAR District- Nalanda ====================================================== Vivek Kumar S/o Kaushal Kumar Resident Of Village- Kauriya Kujawan, Ps - Bihta, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Verma, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bihar P.S. Case No. 668 of 2024, instituted for the offences punishable under Sections 319(2), 318(4), 338, 61(2), 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, in course of checking of the candidates in the examination, co-accused Ravish Kumar was apprehended appearing in the examination in place of the petitioner at the examination centre.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.81508 of 2024(2) dt.03-12-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that specific allegation is against the co-accused Ravish Kumar for appearing in the examination instead of the petitioner. It is further submitted that the petitioner is a student. The petitioner is in custody since 29.08.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bihar P.S. Case No. 668 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T