Patna High CourtCR. MISC./40928/2016dismissed

Abhinav Kumar v. The State Of Bihar

2016-12-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40928 of 2016 Arising Out of PS.Case No. -31 Year- 2012 Thana -BARBIGHA District- SEKHPURA ====================================================== Abhinav Kumar, S/o Amod Poddar, R/o Abju Ganj, P.S. Bhagalpur, District - Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajit Kumar, Advocate. For the State : Mr. Manish Kumar 2, A,P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Barbigha P.S. Case No. 31 of 2012 for the offences instituted under Sections 419, 420 of the IPC and 10 of Bihar Conduct of Examination Act.

The prosecution story, in brief, is that one Chhotu Kumar was appearing in the Matric Examination conducted by Bihar School Examination Board, Patna, in place of this petitioner. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. The petitioner is a

Patna High Court Cr.Misc. No.40928 of 2016 (4) dt.21-12-2016 2/2 Railway employee. He has got no concern with the Annual Examination of the Bihar School Examination Board. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. Such type of conduct is not expected from a government employee.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is disposed of in connection with Barbigha P.S. Case No. 31/2012, pending in the court of learned A.C.J.M.-2nd, Sheikhpura. If the petitioner surrenders in the court below, the same shall be considered on its own merit without being prejudiced by the order of this Court preferably on the same day taking into account that the petitioner is in Railway service.

U.K./- (Sudhir Singh, J) U T