Madan Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82132 of 2023 Arising Out of PS. Case No.-880 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Madan Mohan Kumar Son of Ram Narayan Yadav, Resident of Village - Parsauni, Police Station - Marauna, District - Supaul ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Madhepura P.S. Case No.880 of 2023, registered for the offences punishable under Sections 419 & 420 of the Indian Penal Code and under Section 10 of the Bihar Examination Control Act.

3. As per the prosecution case, co-accused Sanjeev Kumar was trying to appear in the examination for School Teacher Recruitment Examination in place of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the address of petitioner and apprehended miscreant were different as they are resident of

Patna High Court CR. MISC. No.82132 of 2023(2) dt.11-01-2024 2/2 different village and the petitioner is not concerned with the coaccused. He also submits that when the petitioner was arrested by the Police he was searching his seat as per the roll number in the examination hall. Learned counsel submits that petitioner has no criminal antecedent and he is in judicial custody since 26.08.2023. He further submits that the co-accused Sanjeev Kumar has already been granted bail by the learned Court below.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, 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 learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No.880 of 2023.

(Sunil Dutta Mishra, J) Ritik/- U T