Bittu Kumar vs The State Of Bihar on 25 October, 2019

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Patna High Court - Orders

Bittu Kumar vs The State Of Bihar on 25 October, 2019

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61758 of 2019
                        Arising Out of PS. Case No.-36 Year-2019 Thana- NTPC District- Bhagalpur
                 ======================================================
           1.     BITTU KUMAR S/o Sanjay Singh R/o village- Gangra, P.S.- Gidhour,
                  District- Jamui
           2.    Bittu Kumar @ Bittu Thakur @ Bittu Kumar Thakur S/o Amlesh Thakur
                 R/o village- Nandini, P.S.- Mohiuddinagar, District- Samastipur
           3.    Sonu Kumar S/o Sita Ram Singh R/o village- Goriama, P.S.- Shambhuganj,
                 District- Banka
           4.    Dharmendra Kumar Tiwari S/o Sunil Kumar Tiwari R/o village- Tora, P.S.-
                 Sharmera, District- Sheikhpura
           5.    Sharwan Kumar S/o Pramod Singh R/o village- Jawas, P.S.- Badahiya
                 (Barahiya), District- Lakhisarai

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ansul, Mr. Ram Sumiran Rai
                 For the Opposite Party/s :       Mr.Umeshanand Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   25-10-2019

Heard learned counsel for the petitioners and learned APP for the State.

A supplementary affidavit has been filed on behalf of the petitioners. The same be kept on record.

The petitioners seek bail in a case instituted for the offences under Sections 419, 420, 467, 468 and 34 of the Indian Penal Code.

The prosecution allegation is of impersonation in the competitive examination of Constable in lieu of others.

It has been submitted on behalf of the petitioners that the Patna High Court CR. MISC. No.61758 of 2019(2) dt.25-10-2019 2/2 petitioners are in custody since 16.8.2019 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have been made accused due to mistake of fact. The petitioners claim that on the alleged date, they had appeared before the concerned authority but due to error in the record, the biometrics data of the petitioners could not match with the one which was on record. For the said reason, the present case has been instituted. The offences are triable by the Magistrate. It is further submitted that barkhi of father of the petitioner no. 2 is to be performed by petitioner no. 2.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with N.T.P.C. P.S. Case No. 36/19.

(Sudhir Singh, J) Pankaj/-

U      T

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Patna High Court - Orders