Dilip Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38779 of 2019 Arising Out of PS. Case No.-25 Year-2017 Thana- PANDAUL District- Madhubani ====================================================== DILIP KUMAR BHAGAT Son of Shiv Shankar Bhagat Resident of Village/Muhalla - Malmal, P.S.- Basopatti, Distt - Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vikram Deo Singh Mr.Sanjay Kumar Mr.Bhavesh Kumar Sah For the Opposite Party :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Pandaul P.S. Case No. 25 of 2017 for the offence punishable under Sections 419 and 420/34 of the Indian Penal Code. The petitioner was examinee of the Intermediate Examination, 2017. It is alleged in the First Information Report that one Pawan Kumar was found by the invigilator with the petitioner's admit card.

Learned counsel appearing on behalf of the petitioner has submitted that the First Information Report does not make out a case that someone else was writing papers in place of the petitioner and only on the allegation that petitioner's admit card was found in possession of another person, the First Information Report has been lodged. He has

Patna High Court CR. MISC. No.38779 of 2019(2) dt.25-06-2019 2/2 further submitted that in any case there is no likelihood of the petitioner's fleeing from the course of investigation and the trial. Considering the nature of accusation and the submission made on behalf of the petitioner, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned C.J.M., Madhubani, in Pandaul P.S. Case No. 25 of 2017, 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) Pawan/- U T