Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33294 of 2019 Arising Out of PS. Case No.-460 Year-2018 Thana- GARDANIBAG District- Patna ====================================================== VIKASH KUMAR, aged about 28 years, Male, Son of Ganesh Ram, Resident of Village- Pithauri Takht, P.S.- Baniyapur, District- Saran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Indu Bhushan, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Gardanibagh P.S. Case No. 460/2018 registered under Sections 468, 471, 419, 420, 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case merely on suspicion. The petitioner did not participate in the alleged physical test as he was suffering from high fever. Learned counsel submits that the person namely Om Kumar against whom allegation is that he was impersonating the petitioner has already been released on bail as also petitioner has no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.33294 of 2019(3) dt.27-09-2019 2/2 anticipatory bail of the petitioner.

Considering the facts and circumstances of the case whereunder the petitioner was not participated in the physical test, as according to him he was suffering from high fever and the person namely Om Kumar against whom the allegation is that he was impersonating the petitioner has already been released on bail as also that this petitioner has no criminal antecedent, let the petitioner above-named, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Judge - XIV - cum - A.C.J.M., Patna, in connection with Gardanibagh P.S. Case No. 460 of 2018, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T