Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35245 of 2019 Arising Out of PS. Case No.-441 Year-2018 Thana- RUPASPUR District- Patna ====================================================== VINAY KUMAR Son of Ram Chandra Yadav Resident of Village-Nagar, Police Station-Bikram, District-Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ganesh Prasad Yadav, Advocate For the Opposite Party :

Mr.Nand Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 10 of the Bihar Examination Conduct Act, 1981.

Informant, center head of the railway recruitment examination, alleges that the petitioner was expelled from taking part in the examination being conducted for appointment in railways and the instant case was instituted against him on the allegation that he was appearing in the said examination using Admit card of his friend Dilip Kumar.

Learned counsel for the petitioner submits that he is student and has falsely been implicated in this case. He has no criminal antecedent and offence under section 10 of the Bihar Examination Conduct Act, 1981 is not attracted against him as

Patna High Court CR. MISC. No.35245 of 2019(2) dt.29-05-2019 2/2 he was not arrested at the spot. He further submits that the maximum punishment for the offence under the aforesaid section is of six months.

Considering the facts of the case, let the petitioner, above named, in the event of his arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Danapur in Rupaspur Police Station Case No. 441 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner. (Prabhat Kumar Singh, J) Shashi U T