Om Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24263 of 2015 Arising out of PS.Case No. -50 Year- 2015 Thana -HISUA District- NAWADA ====================================================== Om Bharti, Son of Sri Ajit Kumar, resident of village - Mian Bigha, P.S.- Nardiganj, District - Nawadah.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party : Mr. Ajay Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 The petitioner is apprehending his arrest in connection with Hisua P.S. Case No. 50 of 2015 for the offences instituted under Sections 419, 420 of the I.P.C. and 3 and 10 of the Bihar Conduct of Examination Act.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 19.03.2015 at about 4.00 Pl.M. when second sitting of examination was going on in Inter Vidhalaya, Hisua at Examination Centre No. 8216(2) of Science subject, Examiner, Sri Amresh Kumar caught accused Sonu Kumar who was appearing in the examination in place of the petitioner being Roll No. 1500065.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.24263 of 2015 (2) dt.13-07-2015 2/2 petitioner has got no criminal antecedent. Further it is submitted that the petitioner has been made accused due to mistake of fact. It is further submitted that the admit card of the petitioner was lost hence he was not appearing in the said examination. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Hisua P.S. Case No. 50 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawadah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T