Nishant Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28262 of 2021 Arising Out of PS. Case No.-640 Year-2014 Thana- NAWADA District- Nawada ====================================================== NISHANT RAJ S/O SHYAM SUNDAR SINGH R/o village- Ursa, P.S.- Hisua, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash, Advocate For the Opposite Party/s :

Mrs. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 419, 468 and 471 of the Indian Penal Code and Section 10 of the Bihar Examination Act, 1981.

It is a case of fraud committed by co-accused sitting in the examination for selection to the post of Constables, 2014 in place of the petitioner.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.28262 of 2021(2) dt.03-02-2022 2/2 that the petitioner has falsely been implicated in this case. He further submits that petitioner was not apprehended at the spot. He further submits that the petitioner had never entrusted or directed to co-accused Rajiv Kumar to appear in the written examination and said co-accused is even not known to the petitioner and petitioner has not appeared in the examination in question at Jeevan Jyoti Public School, Nawada and further submits that the petitioner is already in job in the Indian Army. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Nagar P.S. Case No. 640 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) brajesh kumar/- U T