IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66895 of 2025 Arising Out of PS. Case No.-730 Year-2024 Thana- GARDANIBAG District- Patna ====================================================== Deepak kumar Son of Vrijendra paswan R/O Village-Chero, P.S-Harnaut, District- Nalanda. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate Ms. Priyanka Singh, Advocate Mr. Rahul Dev Varman, Advocate For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 17-09-2025 Heard learned Senior Counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 318(4), 338, 336(3), 340(2), 112(2) of Bhartiya Nyaya Sanhita and Sections 10/11 of Bihar Conduct of Examination Act. 3. The prosecution case, in brief, is that the co- accused, Rajiv Kumar, secured clearance in the written examination for the post of Police Constable conducted by the Central Selection Board of Constable, Bihar, Patna, allegedly with the assistance of one Rahul Kumar, who is said to have appeared in the examination on his behalf. During the physical Patna High Court CR. MISC. No.66895 of 2025(2) dt.17-09-2025 2/4 test, Rajiv Kumar was apprehended when it was found that his thumb impression and photograph did not match those on the written examination answer sheet. Upon interrogation, he named the petitioner and one Golu Kumar as middlemen. 4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is contended that there is no material on record to connect the petitioner with the alleged offence. The only allegation against the petitioner is that he acted as a middleman in the incident, however, no specific role has been attributed to him in the actual commission of the offence alleged in this case. The petitioner’s name has surfaced solely on the basis of the confessional statement of co-accused Rajiv Kumar, and no incriminating material has been recovered during the course of investigation. Furthermore, the police have not found the petitioner to be an examinee in the test conducted by the Central Selection Board of Constable. Lastly, it is submitted that the petitioner has no criminal antecedents. 5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner. 6. Taking into account that there is no specific Patna High Court CR. MISC. No.66895 of 2025(2) dt.17-09-2025 3/4 overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 13th Patna/Successor Court in connection with Gardanibagh P.S. Case No.730 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions: (i) One of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing Patna High Court CR. MISC. No.66895 of 2025(2) dt.17-09-2025 4/4 any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. shikha/- (Ajit Kumar, J) U T