Dr. Prasunjay Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22233 of 2018 Arising Out of PS. Case No.-19 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== Dr. Prasunjay Kumar Sinha S/o Shri Rajendra Prashad Sinha, R/o-Awadhpuri Road No.-4, Paschimi Pakri P.S.-Nawada, Dist.-Arah. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhakar Singh For the Opposite Party/s :
Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Arrah Nawada P.S. case no. 19/2018 instituted for the offence under Section(s)420,406, 409 of the Indian Penal Code. Learned counsel for the petitioner has submitted that examination form of only those candidates were accepted who were protected by the orders passed by the Hon'ble Patna High Court and Hon'ble Supreme Court of India and none of the candidates who did not appear for counseling except those who were protected by the judicial orders have been accepted by the petitioner's department. The result of even such candidates have been published in compliance of Hon'ble High Court and Supreme Court order. The fact was suppressed by
Patna High Court Cr.Misc. No.22233 of 2018(4) dt.16-08-2018 2/3 the enquiry committee constituted by the University and even the Hon'ble Vice Chancellor was kept in dark. The petitioner submitted his representation to the Hon'ble Vice Chancellor and requested him to withdraw the FIR. The aforesaid representation is annexed as Annexure-2 to the bail petition, wherein, reference has been given of the order passed by Hon'ble Supreme Court in S.L.P. No. 32583-32584/2016, in which, the protection was given to the students and only form of those students have been accepted along with other students who have appeared for the examination.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Arrah Nawada P.S. case no. 19/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Bhojpur at Arrah, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by
Patna High Court Cr.Misc. No.22233 of 2018(4) dt.16-08-2018 3/3 the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T