Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7632 of 2016 Arising Out of PS.Case No. -322 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Vinay Kumar son of Shivram Singh Resident of Village- Devkali, Police Station- Mohaniya, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Baxi S. R. P. Sinha, Sr. Adv. Mr. Rahul Nath For the Opposite Party/s : Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-03-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Mohaniya Police Station Case No. 322 of 2015, disclosing offences under Sections 341, 323, 504, 506, 353/34 of the Indian Penal Code.

From the application and the First Information Report, it appears that the petitioner was an examinee of Intermediate Examination, held in the year 2015 and he was expelled on the ground that he was found indulging in unfair means. It is alleged against him that he misbehaved with the Invigilators, Lecturers of Maharana Pratap College, Mohaniya.

Learned Senior Counsel appearing on behalf of the petitioner submits that considering the nature of

Patna High Court Cr.Misc. No.7632 of 2016 (2) dt.18-03-2016 2/2 allegation against the petitioner, in the interest of petitioner's future, he may be granted the privilege of anticipatory bail.

Considering the facts and circumstances, this application is allowed.

Let the petitioner, Vinay Kumar, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Mohaniya Police Station Case No. 322 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and one of the bailors shall be the father of the petitioner.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √