Patna High CourtCR. MISC./49460/2015rejected

Aditya Kumar v. The State Of Bihar

2015-11-03Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49460 of 2015 Arising Out of PS.Case No. -205 Year- 2006 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Aditya Kumar S/o Bhuneshwar Prasad Resident of Village- Sajuya, Police Station -Asarganj, District Munger.

.... .... Petitioner

Versus

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

For the Petitioner/s : Ms. Arpana Kumari, Advocate For the Opposite Party/s : Smt. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bugusarai Muffasil P. S. Case No. 205/2006 registered under Sections 419, 420, 471/34 of the Indian Penal Code. According to the prosecution case, one Raj Kishore had participated in physical test in place of the petitioner when the test for recruitment of police constable was going on. On search, admit card of the petitioner was recovered from the possession of said Raj Kishore.

It is contended that the petitioner was not at all aware that in his place some other person had participated in the physical

Patna High Court Cr.Misc. No.49460 of 2015 (2) dt.03-11-2015 2/2 test for recruitment on the post of constable. On the other hand, learned counsel for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. She has stated that the case is of the year 2006 and since then the petitioner is evading his arrest. Regard being had to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the application is rejected.

In case, the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J.) Kanchan/- U T