Patna High CourtCR. MISC./4496/2015disposed

Ajeet Kumar v. The State Of Bihar

2015-02-03Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.4496 of 2015 (2) dt.03-02-2105

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4496 of 2015 Arising Out of PS.Case No. -652 Year- 2014 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Ajeet Kumar Son of Krishanandan Mahto Resident of villChhautauna,P.S-Nawkothi,Distt.-Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tarkeshwar Pd. Verma For the Opposite Party/s Mr. Hirday Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 03.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Begusarai Town P. S. case no. 652/2014 registered under sections 419, 420, 120B of the IPC and section 10 of the Bihar Conduct of Examination Act.

There is specific allegation against the petitioner that one Nishant Kumar appeared in place of the petitioner in special constable recruitment examination, 2014.

The contention on behalf of the petitioner is that even if prosecution story assumed to be true, then also, only section 419 of the IPC is applicable and section 419 of the IPC is bailable in nature and so far as section 10 of the Bihar Conduct of Examination Act is concerned, the same is also bailable in nature. In view of the aforesaid submissions, this petition stands

Patna High Court Cr.Misc. No.4496 of 2015 (2) dt.03-02-2105 disposed of with direction to the petitioner to surrender before the Chief Judicial Magistrate, Begusarai/ concerned court within four weeks from today and seek regular bail and if the petitioner does so and raises the above stated points before the concerned court, the concerned court shall consider the aforesaid points on its own merit without being prejudiced by this order and shall dispose of regular bail application of the petitioner on the same day in accordance with law. shahid (Hemant Kumar Srivastava,J) U T