Vivek Kumar Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10003 of 2019 Arising Out of PS. Case No.-133 Year-2018 Thana- ANDHRATHARHI District- Madhubani ====================================================== VIVEK KUMAR KAMAT, Son of Mithilesh Kumar Kamat, resident of village-Kumarkhat, P.S.-Ladaniya, 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 :

Mrs.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Andharathadhi P.S. Case No. 133 of 2018 registered for the offences punishable under Sections 420, 419 and 120(B) of the I.P.C. and Section 10 of the Bihar Examination Control Act, 1981.

Learned counsel for the petitioner submits that it would appear from persual of the FIR that against two examinees the allegations are that in place of Anamika Kumari one Anita Kumari was appearing in the examination of the

Patna High Court Cr.Misc. No.10003 of 2019(2) dt.19-02-2019 2/3 Board whereas in place of Vivek Kumar Kamat (petitioner) one Pramod Kumar Das was appearing. Learned counsel submits that the allegations are false and baseless. The petitioner has got no criminal antecedent and further the co-accused who is identically situated namely Anamika Kumari has been granted privilege of anticipatory bail by a learned coordinate Bench of this Court in Cr.Misc.No.78874 of 2018.

Learned APP for the State is present and has opposed the prayer for bail.

In the given facts and circumstances of the case particularly that co-accused identically situated has got privilege of anticipatory bail, in order to maintain uniformity and justice, this Court is willing to extend the privilege of anticipatory bail to the petitioner. Let, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned Additional Chief Judicial Magistrate-III, Jhanjharpur, Madhubani in connection with Andharathadi P.S. Case No. 133 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a

Patna High Court Cr.Misc. No.10003 of 2019(2) dt.19-02-2019 3/3 period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T