Kundan Kumar Das @ Kundan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19326 of 2021 Arising Out of PS. Case No.-147 Year-2014 Thana- JAMALPUR District- Munger ====================================================== Kundan Kumar Das @ Kundan Das, Male, aged about 26 years, Son Of Yogendra Das Resident of Village - Bath, P.S.- Bath, Distt.- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deep Anshuman, Adv.
For the State :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-04-2022 Heard Mr. Deep Anshuman, learned advocate for the petitioner/s. The State is represented by learned APP. The petitioner seeks bail in anticipation of his arrest in connection with Jamalpur P.S. Case No. 147 of 2014 dated 19.10.2014 instituted for the offences under Sections 419, 420 of the Indian Penal Code and Section 10 of the Bihar Examination Act, 1981.
The accusation against the petitioner is that he perhaps had hired somebody else to write in his place in the examination for appointment of Constables.
The learned advocate for the petitioner has submitted that another accused persons of this case has been granted anticipatory bail way back in the year 2015. He has further submitted that because the petitioner had no idea about the
Patna High Court CR. MISC. No.19326 of 2021(2) dt.04-04-2022 2/2 lodging of the subject F.I.R., therefore he had not subjected himself to the process of law before.
Be that as it may, considering the nature of accusation, I am not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
However, if he surrenders before the court below and seek bail, the court below shall consider his case in correct perspective including the fact that one of the co-accused person in the present case has been granted anticipatory bail by a Bench of this Court and shall pass orders in accordance with law without being prejudiced by the fact that the present petition on his behalf has not been entertained by this Court. (Ashutosh Kumar, J) rishi/- U T