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Patna High CourtCR. MISC./20482/2018rejected

Saroj Kumar @ Saroj Yadav v. The State Of Bihar

2018-05-03Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20482 of 2018 Arising Out of P.S.Case No. -617 Year- 2017 Thana -SUPAUL District- SUPAUL ====================================================== Saroj Kumar @ Saroj Yadav S/o Vindeshwar Ray, R/o Village- Bira Ansauli, P..- Supaul, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Dr. Mrityunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-05-2018 Heard.

The petitioner apprehends arrest in connection with Supaul P.S.Case No.617 of 2017 pending in the Court of CJM, Supaul registered for an offence under Sections 419, 420 and 120(B)/34 of the IPC.

It appears that the above case was registered on the basis of written report of Superintendent, BB Girls, High School, Supaul. It is alleged that one Sumit Kumar, son of Ganga Prasad Choudhary was found appearing for this petitioner in an examination which was being held for selection of constable. Similarly, another co-accused was also apprehended while appearing in place of another candidate. Accordingly, the present case was registered for the offence under Sections 419 and 420 of

Patna High Court Cr.Misc. No.20482 of 2018 (3) dt.03-05-2018 2/2 the IPC.

It is has been submitted that this is a case of impersonation which is bailable offence. The allegation of cheating is omnibus and so the petitioner deserves anticipatory bail.

The learned APP opposed the submissions.

Considering the specific allegation of cheating by this petitioner in collusion with other co-accused in order to secure result in his favour, I am not inclined to grant privilege of anticipatory bail for this petitioner. Prayer for anticipatory bail is rejected. The petitioner is directed to surrender before the court below and pray for bail, where his prayer shall be considered on its own merit without being prejudiced by the order of this Court. (Sanjay Kumar, J) B.Kr./- U T