Patna High CourtCR. MISC./81512/2024bail granted

Shashi Ranjan Kumar v. The State Of Bihar

2024-12-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81512 of 2024 Arising Out of PS. Case No.-350 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Shashi Ranjan Kumar S/O Mukul Kumar @ Mukul Mistri R/O Village- Arhit, P.S- Okari, Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Sharma, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Noorsarai P.S. Case No. 350 of 2024, instituted for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner impersonated him on behalf of co-accused and appeared in the examination in his place.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.81512 of 2024(3) dt.06-12-2024 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the present case is a misconceived case against the petitioner. The petitioner is not said to have been arrested from the examination hall. The petitioner denies his Biometric test. The petitioner was known to Sudhir Kumar and he after appearing at examination had gone to ease and he had given his Admit Card to the petitioner. The petitioner is in custody since 08.08.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated coaccused has been granted regular bail by this Court vide order dated 26.10.2024 passed in Cr. Misc. No. 77238 of 2024.

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, taking into account the period of custody undergone by the petitioner and claim based on parity, 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

Patna High Court CR. MISC. No.81512 of 2024(3) dt.06-12-2024 3/3 below/concerned Court in connection with Noorsarai P.S. Case No. 350 of 2024.

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