Ravi Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11737 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -SONEPUR District- SARAN ======================================================

1. Ravi Kumar , son of Vishwamohan Prasad Singh,

2. Rohit Kumar, son of Shiv Kumar, both are resident of village- Kusmer, P.S.- Sonepur, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate with Mr. Vijay Anand, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-03-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Sonepur P.S. Case No.113 of 2016 instituted for the offence under Section(s) 419, 420/34 Indian Penal Code.

As per written report, someone else were found writing examination on behalf of the petitioners, which was detected after comparing the signature and photographs of the candidates.

Counsel for the petitioners has submitted that the offence committed by the petitioner will be governed by Bihar Conduct of Examination Act, 1981, and under Section 10 of the

Patna High Court Cr.Misc. No.11737 of 2017 (3) dt.27-03-2017 2/2 aforesaid Act, maximum punishment is imprisonment for a term of one month, which may extend to six months, or with fine not exceeding to two thousand rupees, or with both. Counsel for the petitioners further submits that they have already suffered consequences and were not allowed to sit in the examination. It is further submitted that the petitioners have clean antecedents.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sonepur P.S. Case No.113 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 1st, Chapra, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Sanjay Priya, J) JA/- U T