Patna High CourtCR. MISC./21319/2015dismissed

Kanahiya Kumar @ Kanhaiya Kumar v. The State Of Bihar

2015-07-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21319 of 2015 Arising Out of PS.Case No. -43 Year- 2015 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Kanahiya Kumar @ Kanhaiya Kumar Son of Ram Pravesh Mahto Resident of village Patpara, P.S. - Bibhutipur, Dist - Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. S.D.Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 419, 420 of the Indian Penal Code and Sections 3/4 of the Bihar Conduct of Examination Act, 1981.

Satish Kumar, elder brother of the petitioner, impersonated the petitioner Kanhaiya Kumar and appeared at the Intermediate Examination. It is submitted that no offence under Section 420 of the Indian Penal Code is made out. The brother of the petitioner has already been enlarged on regular bail by the learned court below.

Considering the fact that at the instance of the petitioner, his brother Satish Kumar impersonated the petitioner and appeared at the examination in order to fetch good marks, I am not inclined to enlarge the petitioner on anticipatory bail in

Patna High Court Cr.Misc. No.21319 of 2015 (2) dt.07-07-2015 2/2 Warisnagar P.S. Case No. 43 of 2015. Accordingly, the same is rejected.

The petitioner is directed to surrender in the court below within four weeks from the date of receipt / production of a copy of this order and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced from this order and taking into consideration that his brother, who was appearing at the examination in place of the petitioner, has already been granted regular bail.

(Prabhat Kumar Jha, J) Dilip/- U T