Patna High CourtCR. MISC./9638/2019rejected

Jai Prakash Yadav v. The State Of Bihar

2019-02-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9638 of 2019 Arising Out of PS. Case No.-307 Year-2017 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Jai Prakash Yadav Son of Laxman Yadav, Resident of Village - Bauharba, P.S. Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2019 Heard both sides.

The petitioner apprehends his arrest in Town P.S. Case No.307 of 2017 registered under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code.

The gist of the allegation is that the petitioner set up one Ganga Prasad Yadav to appear at written examination held for appointment/recruitment on the post of constable but Ganga Prasad Yadav was apprehended and he disclosed that he was appearing at the examination in place of his cousin Jai Prakash Yadav (petitioner).

Learned counsel for the petitioner submits that the petitioner has already suffered a lot and he has become an accused in a criminal case. It is further submitted that the entire

Patna High Court Cr.Misc. No.9638 of 2019(2) dt.19-02-2019 2/2 career of the petitioner shall be ruined, if he is arrested, but from the allegation it appears that it was the petitioner who set up his own cousin to appear at the competitive examination held for recruitment on the post of constable. The petitioner wanted to get appointment by using unfair means.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court.

(Prabhat Kumar Jha, J) Harish/- U