Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6596 of 2019 Arising Out of PS. Case No.-598 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Abhishek Kumar, aged about 24 years, Male, Son of Shiv Shankar Prasad Singh, Resident of Village - Kaiyaper, P.S. Sikandara, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoranjan Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Mishra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Naubatpur P.S. Case No. 598 of 2018 registered for the offences punishable under Sections 419, 420, of the Indian Penal Code and Section 10 of Bihar conduct of Examination Act, 1981.

Informant who is Centre Superintendent at Cambridge Public School, Naubatpur informed to the SHO of Naubatpur Police station that petitioner was giving proxy examination of paper -I of CTET- December, 2018 in place of Uday Kumar Thakur, thereafter petitioner was caught in hand during verification by invigilator and handed over to the police. It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.6596 of 2019(2) dt.14-02-2019 2/2 that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal antecedent and is in custody since 10.12.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Danapur (Patna), in connection with Naubatpur P.S. Case No. 598 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T