Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10655 of 2015 Arising Out of PS.Case No. -79 Year- 2014 Thana -INDUSTRIAL District- BHAGALPUR ======================================================

1. Manish Kumar Son of Sri Naresh Yadav, Resident of village- Kamarganj, P.S.- Sultanganj, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shruti Sinha For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2015 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 and 420/34 of the Indian Penal Code and sections 3 and 4 of Bihar Conduct of Examination Act.

It is alleged that one Alok Kumar was appearing in place of the petitioner at the examination being conducted for recruitment of Constable in Bihar Police.

It is submitted by the learned counsel for the petitioner that the petitioner was not aware about aforesaid Alok Kumar appearing at the examination in his place. It is further submitted even assuming the accusation, at best, offence under section 419 IPC is made out and non grant of bail would jeopardize the future

Patna High Court Cr.Misc. No.10655 of 2015 (2) dt.28-04-2015 2/2 career of the petitioner.

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, Bhagalpur in connection with Industrial Area P.S. Case No. 79 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner will be accepted on filing of an affidavit by the petitioner before the learned court below that he will regularly cooperate in the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in investigation by the petitioner will give liberty to prosecution to file application for cancellation of bail bond by learned court below.

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