Patna High CourtCR. MISC./44551/2016bail granted

Udesh Kumar v. The State Of Bihar

2016-12-02Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44551 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -WARISALIGANJ District- NAWADA ====================================================== Udesh Kumar S/o krishnadeo Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Warisaliganj P.S. Case No. 36 of 2016 registered under Sections419 & 420 of the Indian Penal Code. It is alleged that one Subodh Kumar appeared in matric examination in place of the petitioner, who was the actual student in the examination.

Submission on behalf of petitioner is that even if, the accusation levelled in this case assumed to be true, then also, Sections-419 & 420 of the Indian Penal Code are applicable against co-accused Subodh Kumar. Moreover, the petitioner is a student and does not have any criminal antecedent. Considering the above-said facts and circumstances

Patna High Court Cr.Misc. No.44551 of 2016 (2) dt.02-12-2016 2/2 of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Warisaliganj P.S. Case No. 36 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Nawada subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T