Rupesh Kumar @ Ankit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13206 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- JHANJHARPUR District- Madhubani ====================================================== Rupesh Kumar @ Ankit, Son of Sitaram @ Jay Kumar Yadav, Resident of Village -Mirjava, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasudeo Ram, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2019 This is an application for grant of anticipatory bail in connection with Jhanjharpur (Araria Sangram) P.S. Case No. 162 of 2018, disclosing offences under Sections 419, 420, 120B, 34 of Indian Penal Code and Section 10 of the Bihar Control of Examination Act, 1981.

Allegation as per F.I.R. is that one person was arrested appearing in the examination of 'Computer Typist Excellence Examination, 2018' in place of Sunil Kumar and he disclosed his name as Rupesh Kumar and further stated that the admit card was provided by the petitioner, who is working as Executive Assistant in the Supaul Collectorate. Submission of learned counsel for the petitioner is that the person who was arrested from the spot is Sudhir Kumar, who wrongly disclosed the name of the petitioner, which will appear from Page 28, the statement of the person who has

Patna High Court CR. MISC. No.13206 of 2019(6) dt.12-09-2019 2/2 arrested.

Heard learned A.P.P. also who has opposed the prayer for bail on the ground that the person who was arrested has disclosed the name of the petitioner as the person who has made admit card available to him and also a statement before the police disclosed that the petitioner has got him to appear in the examination in place of one Sunil Kumar.

Having heard both sides, in view of the facts, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, the petitioner may move before the learned court below for regular bail, the same shall be considered by the learned court below and if possible, be disposed of on the same day.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T