Patna High CourtCR. MISC./20750/2016rejected

Sakendra Kumar @ Sakindra Kumar v. The State Of Bihar

2016-05-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20750 of 2016 Arising Out of PS.Case No. -177 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Sakendra Kumar @ Sakindra Kumar Son of Sri Chandrika Paswan resident of village- Budhuakhurd, Police Station- Akabarpur, District- Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binay Kumar, Adv. For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2016 Heard both sides.

The petitioner apprehends his arrest in Nawada Town P.S. Case No. 177/2016, registered for the offence punishable under Sections 419, 420, 467, 468 of the Indian Penal Code and Section 10 of the Bihar Conduct of Examination Act. It is alleged that one Deepak Kumar was appearing at the examination in place of Sakendra Kumar (petitioner) bearing Roll Code 82045, Roll No. 160041 and the admit card of the petitioner was seized.

It is submitted that the petitioner was not apprehended at the spot and he had no knowledge that somebody was appearing at his behest.

From the allegation it appears that Deepak Kumar set up

Patna High Court Cr.Misc. No.20750 of 2016 (2) dt.19-05-2016 2/2 by the petitioner to appear at the Maths examination only to fetch good marks.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Nawada Town P.S. Case No. 177/2016 pending in the Court of learned Chief Judicial Magistrate, Nawada. Accordingly, the same is rejected. If the petitioner surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail his prayer shall be considered taking into consideration that Deepak Kumar has already been granted bail.

(Prabhat Kumar Jha, J.) Vinita/- U T