Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5423 of 2018 Arising Out of PS.Case No. -85 Year- 2016 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Md. Chand, S/o Late Md. Shabbir, R/o Mohalla- Alafganj Shivdhara, P.S.- L.N.M.U. , District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in L.N.M.U P.S. Case No. 85 of 2016 instituted for the offence under Sections 467, 468, 471, 420 and 120(B) of the Indian Penal Code. In the written report it is alleged that Dr. Laxmi Narayan Thakur, Professor of MLSM college, Darbhanga, was appointed as verifier by L.N.M.U University to verify computerized Tabulation Register and examination result of graduation Part-1 examination-2015. It is alleged that Dr. Laxmi Narayan Thakur altered the marks of petitioner in tabulation register, who is student of B.Sc vocational (Hons) Part-1 of Millat College, Laherasarai, Darbhanga, by tampering in computerized Tabulation Register and declared him pass, although, he was

Patna High Court Cr.Misc. No.5423 of 2018 (3) dt.03-04-2018 2/3 unsuccessful and sent the result to the concerned college. Learned counsel for the petitioner has submitted that petitioner has no knowledge and concern with Dr. Laxmi Narayan Thakur who was appointed as verifier by L.N.M.U University for verifying computerized Tabulation Register and examination result of graduation Part-I examination-2015. From the written report it appears that there is no allegation of overt act against the petitioner. Considering the facts and circumstances of the case, 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 L.N.M.U P.S. Case No. 85 of 2016, 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, Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.5423 of 2018 (3) dt.03-04-2018 3/3 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