Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18898 of 2019 Arising Out of PS. Case No.-110 Year-2015 Thana- NAWADA District- Nawada ====================================================== 1.

RAJU KUMAR, aged about 24 years, Male, Son of Sri Ganesh Prasad, Resident of village-Laxmi Bigha, P.S-Sirdala, District-Nawada 2.

Ranjit Kumar, aged about 22 years, Male, Son of Late Chandrika Prasad, Resident of village-Bhagri Bigha, P.S-Sirdala, District-Nawada ... Petitioners

Versus

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

For the Petitioners :

Mr. Birendra Kumar, Adv.

For the Opposite Party :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Nawadah (Town) P.S. Case No. 110 of 2015 for the offences alleged under Sections 419 and 420 of the Indian Penal Code and 3 and 10 of the Bihar School Examination Control Act. The accusation is that in N.R.B. examination Raju Kumar, petitioner no. 1, was found sitting in place of petitioner no. 2, Ranjit Kumar.

Learned counsel for the petitioners submits that in fact petitioner no. 1, who was apprehended on the spot was released by the police on bond.

Having regard to the facts and circumstances of the

Patna High Court CR. MISC. No.18898 of 2019(4) dt.15-07-2019 2/2 case, I am not inclined to consider the pre-arrest bail of the petitioners.

The prayer for pre-arrest bail is rejected.

However, the petitioners are directed to surrender before the trial Court and seek regular, which shall be considered on its own merit and without being prejudiced of this Court as well as keeping in view the fact that petitioner no. 1 was released on spot on furnishing bound.

(Rajendra Kumar Mishra, J) Shamshad/- U T