Ugra Narayan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37496 of 2024 Arising Out of PS. Case No.-126 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Ugra Narayan Jha S/o Rup Narayan Jha VILL- SARRA, P.S- BABU BARHI, DISTT- MADHUBANI, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagnnath Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-07-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Madhubani Town P.S. Case No. 126 of 2022, CRI. No. 499 / 2022 dated 04.04.2022 registered under Sections 419 & 420 of the I.P.C.

3. As per the allegation made in the F.I.R. the petitioner was the examinee of Madhyama Examination, 2022 conducted by Bihar Sanskrit Shiksha Board and on the date of examination i.e. on 04.04.2022 in the second sitting in place of the petitioner one Chandan Kumar was taking the examination. During the course of inspection the person who was impersonating the petitioner was arrested.

4. Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.37496 of 2024(2) dt.03-07-2024 2/3 was in Delhi on the date of occurrence and he was not aware that in his place Chandan Kumar was appearing in the examination. However, he submits that punishment under Section 10 of the Bihar Conduct of Examination Act, 1981 is six months and the same is bailable. The allegation against the petitioner is based upon documentary evidence for which there may not be any necessity of custodial interrogation of the petitioner. The petitioner is a student having no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation and the fact that allegation is based upon documents and there may not be any necessity of custodial interrogation of the petitioner, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 126 of 2022, CRI No. 499 / 2022 subject to the condition as laid down under Section 438

Patna High Court CR. MISC. No.37496 of 2024(2) dt.03-07-2024 3/3

(2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T