Chandrajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16850 of 2020 Arising Out of PS. Case No.-60 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== CHANDRAJIT KUMAR, S/o Mishrilal Yadav, R/o village- Phulparas, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 419/34 of the Indian Penal Code and Bihar School Examination Conduct Act Section 10.

Prosecution case in brief is that Headmaster of 10+2 High School Rampatti wrote a letter to officer-in-charge Rajnagar P.S. alleging inter alia therein that Bihar Conduct Examination Act, 1981 co-accused Indrajit Kumar in Examination Hall for giving Exam in place of petitioner. Who appeared to be original Examinee co-accused Indrajit Kumar was caught by Md. Murtaja. At that time, it is further alleged that all relevant documents have been recorded from the possession of co-accused Indrajit Kumar in the Examination Hall which related to the petitioner.

Patna High Court CR. MISC. No.16850 of 2020(3) dt.15-09-2020 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has no concern of the aforesaid alleged occurrence he has falsely been implicated in this case. The petitioner has got no criminal history. Learned APP for the State opposes the prayer for bail petition of the petitioner.

I have perused the records and case diary, in case diary all the witnesses have supported the prosecution case. In the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Rajnagar P.S. Case No. 60 of 2019 from the Court of learned A.C.J.M.-1st, Madhubani.

Accordingly, the application is dismissed.

However, petitioner is directed to surrender before the learned court below and make prayer for bail, the learned court below shall dispose of the bail petition on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) amitkumar/- U T