Dharmendra Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Dharmendra Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail to both petitioners on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasaria P.S. Case No. 362 of 2024, subject to the condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

Issue for consideration

Whether the petitioners should be released on regular bail in connection with Laheriasaria P.S. Case No. 362 of 2024, registered for offences under Sections 319(2), 318(2), 338, 336(3), 340(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 10 of the Bihar Conduct of Examination Act.

Court's answer

Both petitioners released on regular bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, subject to the condition that they cooperate in the disposal of trial and make themselves available as and when required by the court.

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J.), by order dated 04-09-2024, allowed two regular bail applications (Criminal Miscellaneous No. 59838 of 2024 and Criminal Miscellaneous No. 61644 of 2024) arising out of Laheriasaria P.S. Case No. 362 of 2024, District Darbhanga, registered under Sections 319(2), 318(2), 338, 336(3), 340(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 10 of the Bihar Conduct of Examination Act. The allegation was of impersonation: the petitioners were allegedly caught red handed while appearing in the C-TET examination in place of other candidates. Noting their claim of innocence, clean antecedents and custody since 08.07.2024, the Court released the petitioners on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, subject to the condition that they cooperate in the disposal of trial and remain available as and when required by the court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59838 of 2024

Arising Out of PS. Case No.-362 Year-2024 Thana- LAHERIYASARAI District- Darbhanga

====================================================== Bimal Kumar @ Bimal Kumar Yadav Son of Yadunandan Yadav @ Yajumamdan Yadav Resident of Village - Nighma, P.S. - Ghoghardiha, District - Madhubani ... ... Petitioner/s

Versus

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

with CRIMINAL MISCELLANEOUS No. 61644 of 2024

Arising Out of PS. Case No.-362 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Dharmendra Kumar S/o Ranvir Yadav R/o vill - Balua, P.S. - Laukhi, Distt. - Madhubani ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 59838 of 2024) For the Petitioner/s : Mr.Awadhesh Kumar For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam (In CRIMINAL MISCELLANEOUS No. 61644 of 2024) For the Petitioner/s : Mr.Baidyanath Prasad For the Opposite Party/s : Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 04-09-2024

Heard the learned counsel for the petitioners as well

as the learned Additional Public Prosecutor for the State.

The petitioners are seeking regular bail in connection with Laheriasaria P.S. Case No. 362 of 2024, registered for the offences punishable under Sections 319(2), 318(2), 338, 336(3), 340(2),3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short BNS) and Section 10 of the Bihar Conduct of Examination Act.

The allegation against the petitioners is of

Patna High Court CR. MISC. No.59838 of 2024(2) dt.04-09-2024 2/2

impersonation. Allegedly, they were caught red handed while they were appearing in C-TET examination in place of another candidates.

The learned counsel for the petitioners has submitted they are innocent and have falsely been implicated in this case. He has further submitted that the petitioners are the persons of clean antecedent and are under custody since 08.07.2024.

Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasaria P.S. Case No. 362 of 2024, subject to the following condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J)