Md. Modassir Hussain @ Md. Modassir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46766 of 2018 Arising Out of PS.Case No. -30 Year- 2009 Thana -BAUNSI District- BANKA ======================================================

1. Md. Modassir Hussain @ Md. Modassir, Son of Md. Sandar resident of Village- Rurihara, P.S. Barahat, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Brij Nandan Prasad For the Opposite Party/s : Mrs Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2018 Heard the parties.

Petitioner is apprehending his arrest in Bounsi P.S.Case No.30 of 2009 registered for the offences under Sections 419, 420 of I.P.C. and Section10 of Bihar School Examination Control Act. Allegation against the petitioner is that he was impersonated in the Examination Hall by different persons. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case. Though he is not named in the F.I.R. but his name has transpired on the basis of confessional statement of co-accused.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, stated above, I am not inclined to grant anticipatory

Patna High Court Cr.Misc. No.46766 of 2018 (2) dt.13-08-2018 2/2 bail to the petitioner. The prayer for anticipatory bail is rejected. However, let the petitioner, named above, surrender before the court below and pray for regular bail which will be considered, if possible, on the same day on its own merit without being prejudiced by this order.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) AnilKrSinha/- U