Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44274 of 2017 Arising Out of PS.Case No. -73 Year- 2014 Thana -BAHADURPUR District- DARBHANGA ======================================================

1. Rakesh Kumar, S/o Banke Paswan @ Bake Paswan, resident of villageDeshna, P.S.-Asthawa, Dist-Nalanda. Parentage address VillageVrindavan P.S.-Sarmera Dist.-Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kedar Jha, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bahadurpur P.S. Case No.73 of 2014 instituted for the offence under Section(s) 420/34 Indian Penal Code and Section 3 of Bihar Conduct of Examination Act, 1981.

There is allegation against this petitioner that he was appearing in MTS Examination 2014 (SSC) in place of one Suraj Kumar.

From the written report, it appears that general and vague allegation has been levelled against the petitioner. No incriminating article has been recovered from his possession. It is mentioned in para 3 that petitioner has clean antecedents. In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.44274 of 2017 (3) dt.18-10-2017 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bahadurpur P.S. Case No.73 of 2014, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VI, Darbhanga, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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) JA/- U T