Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7504 of 2022 Arising Out of PS. Case No.-214 Year-2016 Thana- BIHAR District- Nalanda ====================================================== ANIL KUMAR Son of Ram Sagar Ray Resident of Village - Chakka Shilori , Gayatri Gram Sherpur, P.s.- Bhagwanpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419 and 420 of Indian Penal Code and Section 10 of Bihar Examination Conduct Act.

The informant alleges that in the examination for recruitment of Assistant, the petitioner was appearing as a candidate in place of Amit Kumar as such, the petitioner committed cheating and violated Section 10 of the Bihar School Examination Conduct Act, 1981.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that petitioner

Patna High Court CR. MISC. No.7504 of 2022(3) dt.14-10-2022 2/2 was not arrested from the spot and came to be implicated in the case at a later stage, which amply demonstrates that for some ulterior reason the petitioner came to be implicated. Learned counsel submits that had the petitioner been appearing in place of Amit Kumar then he would have been arrested at the place of occurrence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bihar P.S. Case No. 214 of 2016 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T