High Court granted anticipatory bail to the petitioner challenging his arrest in an exam impersonation case. Court noted accusation lacked evidence and directed release on bail bonds.
Petitioner directed to be released on bail on furnishing bonds of Rs. 10,000 with two sureties of similar amount within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22969 of 2021
Arising Out of PS. Case No.-914 Year-2019 Thana- SHASTRINAGAR District- Patna
======================================================
Jeevan Kumar Son of Sri Ravindra Kumar Raman Resident of Ward No. 7, Kachra, P.S.- Saur Bazar, P.O.- Kachra, District - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Suraj Kumar, Adv. For the Opposite Party/s : Mr. APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 25-05-2022 Heard Mr. Suraj Kumar, learned advocate for the petitioner and the learned APP.
The petitioner seeks bail in anticipation of his arrest in connection with Shastri Nagar P.S. Case No. 914 of 2019 dated 02.12.2019 instituted for the offences under Sections 419, 420, 467, 468 and 34 of the Indian Penal Code.
According to the prosecution case, the signature/thumb impression of the petitioner did not match the records. It was, thus, found that the petitioner and others had not appeared in the test but somebody else had impersonated on his behalf.
The learned counsel for the petitioner has submitted that the accusation is totally based on suspicion and there is nothing on record to substantiate the aforesaid suspicion.
Patna High Court CR. MISC. No.22969 of 2021(2) dt.25-05-2022 2/2
The petitioner, only after due verification of his records which was filed on-line, was permitted to appear in the written examination.
Learned counsel for the petitioner further submits that one of the accused persons with similar nature of accusation against him has been granted anticipatory bail by this Court vide order dated 09.03.2022 passed in Cr. Misc. No. 17862 of 2021.
For the reasons aforestated, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-IV cum Additional Chief Judicial Magistrate-IV Patna in connection with Shastri Nagar P.S. Case No. 914 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J)
rishi/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner facing charges under Sections 419, 420, 467, 468, and 34 IPC.
Whether the mere suspicion of impersonation in exam records warrants arrest in the absence of corroborating evidence.
1 provisions across 1 enactments
Jeevan Kumar
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
