Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24054 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== GOPAL KUMAR Son of Surendra Prasad R/V- Mehus More (Sheikhpura) Ps- Sheikhpura Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Sheikhpura PS Case No. 155 of 2022 dated 27-03-2022 registered under Section 419, 420, 467, 468, 471 of the IPC and Section 10 of the Bihar Conduct of Examination Act. As per the prosecution case on 27-03-2022 the "Fireman Constable Examination" was being held in Islamiya High School and in the 2nd Shift of the examination the petitioner was appearing along with other candidates and after the examination it was found that the petitioner had taken away original OMR Sheet along with carbon copy.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as after completion of the examination the petitioner had handed

Patna High Court CR. MISC. No.24054 of 2023(2) dt.07-07-2023 2/2 over the OMR Sheet along with the carbon copy to the invigilator, but it appears that the same has been misplaced by the invigilator and an FIR has been lodged falsely implicating the petitioner in the present offence. He further submits that petitioner is a student having no criminal antecedent and the FIR has been lodged alleging cognizable offence against the petitioner.

In view of the aforesaid submissions and the fact that petitioner is a young student of 25 years old, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura PS Case No. 155 of 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

praful/- (Anil Kumar Sinha, J) U T