Kabir Kumar @ Kabir Kumar Sahu @ Kabir Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6795 of 2023 Arising Out of PS. Case No.-532 Year-2016 Thana- SUPAUL District- Supaul ====================================================== 1.
Kabir Kumar @ Kabir Kumar Sahu @ Kabir Kumar Sah S/O Chandeshwar Sah R/V- Majhaura, P.O.- Chhajana, P.S.- Laukahi, District- Madhubani 2.
Pramod Kumar S/O Devnarayan Sah R/V- Belaha, P.O.- Chhajana, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Supaul P.S. Case No. 532 of 2016 registered for the offences punishable under Section 419, 420, 120(B) of the Indian Penal Code and section 10 of BECE Act. As per FIR, allegation against the petitioners is that they appeared in the compartmental examination of Math subject in place of his brother namely, Pramod Kumar and Madan Kumar. Learned counsel for the petitioner submitted that petitioners have falsely been implicated in this case. It is further submitted that petitioners have clean antecedent as
Patna High Court CR. MISC. No.6795 of 2023(2) dt.08-05-2023 2/2 stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail.
Considering the nature of offence , I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected. However, if petitioner surrenders before the learned court below within a period of six weeks from today, and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner, preferably, on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) N.K/- U T