Chunnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33781 of 2020 Arising Out of PS. Case No.-100 Year-2020 Thana- BYPASS District- Patna ====================================================== Chunnu Kumar S/o Ratan Rajak R/o mohalla- Near Shiv Mandir, CDA Colony, L.B.S. Nagar, P.s.- Shastri Nagar, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 419,, 467, 468, 471, ,120(B) of the Indian Penal Code and section 10 of Bihar Examination Act. The prosecution case in short is that the accused person was appearing in the examination in place of petitioner. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake

Patna High Court CR. MISC. No.33781 of 2020(2) dt.26-02-2021 2/2 of fact. The petitioner had no knowledge that on his place, some other person appeared in the examination. The petitioner could not appear in the examination as he had fallen ill. The allegation made in the F.I.R. is denied by the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Patna City in connection with Bypass P.S. Case No. 100/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T