Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3246 of 2019 Arising Out of PS. Case No.-72 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Mithun Kumar, son of Pramod Jha @ Pramod Kumar Jha, Resident of Village- Saraiya, P.s.- Jandaha, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 The petitioner apprehends his arrest in connection with Samastipur (Muffasil) P.S.Case No. 72 of 2018 registered under Sections 120B, 419 and 420 of the Indian penal Code and Section 10 of the Bihar Conduct of Examination Act, 1981. Allegation against the petitioner is of allowing other accused to appear in place of him in the I.T.I. Examination. Submission of learned counsel for the petitioner is that petitioner has falsely been implicated in this case and as a matter of fact, one Rahul Mishra has gone to inform in the examination about the illness of the petitioner but he was arrested and this false case has been lodged against him. He submits that said Rahul Mishra has been granted regular bail by the court below.

Patna High Court CR. MISC. No.3246 of 2019(3) dt.26-03-2019 2/2 Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to him rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order, if possible, on the same day. (Vinod Kumar Sinha, J) sujit/- U T