Patna High CourtCR. MISC./6207/2016bail granted

Anil Kumar v. The State Of Bihar

2016-02-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6207 of 2016 Arising Out of PS.Case No. -373 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Anil Kumar Son of Shiv Shankar Prasad, Resident of Mohalla - Neemganj Chowki, P.s. - Bihar Sharif, District - Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Sinha For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 419,420,467,468 and 120B of the Indian Penal Code.

The prosecution case is that the Commandant, Home Guards, submitted a written report on the direction of the District Magistrate, Nalanda alleging therein that during selection of Home Guards in the year 2011, in place of 12 bonafide candidates, imposters appeared at the physical test. The suspicion was raised against the petitioner since the petitioner was also one of the candidates and the video footage suggests that in place of petitioner some other person appeared at the physical test.

Patna High Court Cr.Misc. No.6207 of 2016 (2) dt.09-02-2016 2/2 It is submitted by the learned counsel for the petitioner that only on suspicion the accusation has been levelled. The actual selection has not been made till date and even assuming the accusation, at best, the offence under section 419 IPC is made out, which is bailable. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 CJM, Nalanda at Biharsharif in connection with Bihar P.S. Case No.373 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T