Pikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41592 of 2015 Arising Out of PS.Case No. -263 Year- 2015 Thana -NAWADA District- NAWADA ====================================================== Pikesh Kumar, son of Sri Ishwari Prasad, resident of village- Parsa, P.S.- Sirdalla, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Nayan For the Opposite Party/s : Mr. Indra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-10-2015 Heard the learned counsel for the petitioner, Pikesh Kumar, who apprehends his arrest in Nawada Town P.S. Case No.263 of 2015 registered for the offence punishable under 419, 420 IPC and Section 3/10 Bihar Conduct of Examination Act, 1981.

According to the prosecution case, the brother of the petitioner, namely, Raju Kumar was found giving examination in place of this petitioner, Pikesh Kumar.

The learned counsel for the petitioner submitted that Section 420 IPC is not applicable in the present case. However, on the other hand, the learned A.P.P. objected the prayer. Considering the nature of allegation, I direct that the petitioner to surrender before the Court below within six weeks

Patna High Court Cr.Misc. No.41592 of 2015 (2) dt.08-10-2015 2/2 from today and on his so surrendering, the Court below is directed to release him on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No.263 of 2015, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Mungeshwar Sahoo, J) Sanjeev/- U