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Patna High CourtCR. MISC./5787/2015dismissed

Mukesh Kumar v. The State Of Bihar

2015-02-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5787 of 2015 Arising Out of PS.Case No. -633 Year- 2012 Thana -NAWADA District- NAWADA ======================================================

1. Mukesh Kumar Son of Ravindra Singh Resident of village - Kashamat, P.S. Akbarpur, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate. For the Opposite Party/s : Mr. Dr.Rabindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-02-2015 Heard both sides.

The petitioner apprehends his arrest in Nawada P.S. Case No. 633 of 2012, registered for the offences punishable under Sections 419, 420 and 467 of the Indian Penal Code. The allegation against the petitioner that one Apurva Mishra impersonated the petitioner and Apurva Mishra was appearing at the examination in place of the petitioner for appointment for the post of constable.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. The petitioner was not apprehended on the spot.

It appears that it was the petitioner who set up Apurva Mishar to appear on his behalf at the written examination for the

Patna High Court Cr.Misc. No.5787 of 2015 (2) dt.11-02-2015 2/2 post of constable, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T