Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13051 of 2021 Arising Out of PS. Case No.-560 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== SANTOSH KUMAR YADAV Son of Bishnudev Yadav Resident of Village - Biraul, P.s.- Darbhanga, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Rai Sharma For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Alamganj P.S. Case No. 560 of 2020 instituted for the offences under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.

The petitioner was an examinee but his educaitonal certificates were found with one Navin Kumar Yadav, who is none else but the brother of the petitioner. Hence, a

Patna High Court CR. MISC. No.13051 of 2021(2) dt.24-12-2021 2/3 presumption was drawn that the petitioner had hired a writer to appear for him in the examination.

The learned counsel for the petitioner has submitted that the accusation is absolutely false and based on suspicion. In fact, Navin Kumar Yadav had accompanied the petitioner to the examination center. However, he was holding the educational certificates of the petitioner as the petitioner had to rush to the washroom for attending to the call of nature. In the meantime, the brother of the petitioner was apprehended with the educational certificates of the petitioner. Only on suspicion, the subject F.I.R. has been lodged. The petitioner had lost his opportunity of appearing in the examination also.

Regard being had to the afore-stated facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.13051 of 2021(2) dt.24-12-2021 3/3 Chief Judicial Magistrate -I, Patna City, in connection with Alamganj P.S. Case No. 560 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T