Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1131 of 2019 Arising Out of PS. Case No.-166 Year-2018 Thana- SHEOHAR District- Sheohar ====================================================== Raushan Kumar, son of Bhola Prasad Tanti @ Bhola Tanti, R/o Village - Jahangira, P.S.- Sultanganj, District, Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Sheohar P.S. Case No.166 of 2018 registered for the offence punishable under Sections 120B, 419, 420, 465 and 468 of the Indian Penal Code. Allegation against the petitioner is to get the job of Sepoy by unfair means as in his place one Rajnish Kumar appeared in written and physical examination for which he had to pay rupees three lacs to Rajnish Kumar. The aforesaid allegation resulted into registration of aforesaid case. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case only on the basis of suspicion as due to difference in the signature and acceptance by him before the Screening Committee that one Rajnish Kumar had appeared in his place, the petitioner lost his

Patna High Court Cr.Misc. No.1131 of 2019(2) dt.24-01-2019 2/3 job and is in custody since 19.07.2018. It has further been submitted that after all formalities duly done by SCC, the petitioner has been recommended for his appointment on the post of Sepoy. Petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheohar in connection with Sheohar P.S. Case No.166 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court Cr.Misc. No.1131 of 2019(2) dt.24-01-2019 3/3 to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjay/- U T