Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12348 of 2018 Arising Out of PS.Case No. -412 Year- 2014 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Anand Kumar, son of Ashok Kumar, resident of village Sabalpur, P.S. Aogari, Distt. Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranaya Shanker Sinha, Advocate. For the Opposite Party/s : Mr. Nityanand Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bihar P.S. Case No. 412 of 2014 instituted for the offence under Sections 419, 420 of the Indian Penal Code and Section 10 of Bihar Conduct of Examination Act, 1981.

It is alleged in the written report that in the examination for recruitment of Constable conducted by Kendriya Chayan Parishad, Bihar, Patna, co-accused Mukesh Kumar @ Kangha was caught giving examination in place of this petitioner. The admit card was seized from possession of the accused Mukesh Kumar @ Kangha which is in the name of petitioner. In this manner, from the written report it appears that petitioner was not present at the examination centre. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.12348 of 2018 (2) dt.28-02-2018 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Bihar P.S. Case No. 412 of 2014, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, Biharsharif, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T