Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37204 of 2016 Arising Out of PS.Case No. -169 Year- 2016 Thana -KHAZANIHAT DistrictPURNIA =====================================

1. Himanshu Kumar, Son of Awadhesh Kumar, resident of Bhatta Bazar, P.S.-K. Hat, (Sahayak), District-Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mrs. Pronati Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of K. Hat P.S. Case No. 169 of 2016, disclosing offences under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code.

The petitioner was an applicant in a recruitment held for the purpose of appointment in Railway, which was being conducted by the Railway Recruitment Board. Allegedly, in his place co-accused, namely, Bipin Kumar,

Patna High Court Cr.Misc. No.37204 of 2016 (2) dt.20-09-2016 2/3 was found writing the test paper. Upon enquiry, it surfaced that said Bipin Kumar was assured payment for appearing at the said test, at the instance of the petitioner and one Arun Kumar.

Learned counsel for the petitioner has submitted that considering the nature of allegation and the fact that the case can be proved on the basis of documentary evidence, no purpose would be served if the petitioner is taken into custody. It has also been submitted on behalf of the petitioner that said Arun Kumar has been granted regular bail by the learned court below. Considering the facts and circumstances of the case and the submission so advanced on behalf of the petitioner, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Purnea, in connection with K. Hat P.S. Case No. 169 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner, above named, shall present himself before the

Patna High Court Cr.Misc. No.37204 of 2016 (2) dt.20-09-2016 3/3 police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T