Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18647 of 2016 Arising Out of PS.Case No. -555 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Manoj Kumar, Son of Arun Paswan, resident of village- Bhirar, PostBhirar, P.S.- Makhdumpur, District- Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Malik, Advocate For the Opposite Party/s : Mr. Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Dehri Town P.S. Case No. 555 of 2015, disclosing offences under Sections 419 and 420 of the Indian Penal Code. The petitioner was appointed as constable in Bihar Military Police on the basis of some selection process. It is alleged that he made somebody else to appear in his place in the written examination on the basis of which the petitioner was declared successful and subsequently appointed.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner did not make any confessional statement to this effect before any person. He has also submitted that evidently, evidence of the prosecution is based on documents and, therefore, the petitioner cannot tamper with the investigation.

Patna High Court Cr.Misc. No.18647 of 2016 (5) dt.29-09-2016 2/2 He has submitted that if allowed anticipatory bail, the petitioner shall neither flee from the course of investigation nor from the course of trial.

Considering the submissions as above and the facts and circumstances of the case, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Dehri Town P.S. Case No. 555 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T