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Patna High CourtCR. MISC./28572/2018bail granted

Suman Kumar v. The State Of Bihar

2018-05-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28572 of 2018 Arising Out of PS.Case No. -98 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Suman Kumar, son of Pawan Singh, resident of village - Telihar, P.S. - Beldour, District - Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Khagaria (Chitragupta Nagar) P.S. Case No.98 of 2018 instituted for the offence under Section(s) 419, 420 Indian Penal Code. It is alleged that one Shivraj Kumar was found sitting in the examination in place of this petitioner in 2nd sitting of Sanskrit subject.

Counsel for the petitioner submits that petitioner had no knowledge about the same. He had not appeared in the examination in 2nd sitting, which will be apparent from the written report itself.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.28572 of 2018 (2) dt.23-05-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Khagaria (Chitragupta Nagar) P.S. Case No.98 of 2018, 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 the Chief Judicial Magistrate, Khagaria, 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) JA/- U T