Manjesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15938 of 2020 Arising Out of PS. Case No.-44 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== MANJESH KUMAR Son of Baijnath Yadav Resident of Village - Pokhram Ward No. 7, P.S.- Murliganj, Distt - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

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

The petitioner apprehends his arrest in Bihariganj P.S. Case No. 44 of 2019, registered for the offences punishable under Sections 419, 420 and 34 of the Indian Penal Code and section 10 of the Bihar Conduct of Examination Act, 1981. It is alleged that Manish Kumar was appearing and giving examination of Geography subject in second sitting of intermediate examination on 12.02.2019 in place of Manjesh Kumar (petitioner) bearing Roll No. 19030416. It is submitted that petitioner has been falsely

Patna High Court CR. MISC. No.15938 of 2020(2) dt.14-07-2020 2/2 implicated in this case. There is no direct or indirect evidence against this petitioner. Petitioner 40% physically handicapped. Petitioner has got no concern with Manish Kumar. Moreover, this petitioner has already been expelled from the Examination. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 44 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T