Patna High CourtCR. MISC./59833/2021rejected

Govind Kumar v. The State Of Bihar

2022-07-12Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59833 of 2021 Arising Out of PS. Case No.-44 Year-2021 Thana- TRIVENIGANJ District- Supaul ====================================================== GOVIND KUMAR S/o- SRI RANJIT KAMAT Resident of Village- Ratauli, P.S.- Pipra, District- Supaul ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogendra Kumar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Triveniganj P.S. Case No. 44 of 2021, registered for the offences punishable under Sections 420, 419/34 of the Indian Penal Code and Section 10 of the Bihar Conduct of Examination Act, 1981. As per allegation, co-accused Rajdeo Raj was apprehended when he was appearing impersonating the petitioner, in examination conducted by Bihar School Examination Board. Learned counsel for the petitioner has submitted that the person who was arrested has been granted bail. He has further submitted that on that day the petitioner was ill and it was the reason

Patna High Court CR. MISC. No.59833 of 2021(2) dt.12-07-2022 2/2 that he did not appear in the examination. The petitioner is unaware of the fact as to who was appearing on his behalf. From perusal of the FIR it appears that at the instance of present petitioner his impersonator Rajdeo Raj was appearing in examination in his place. As such, I do not think it to be a fit case for anticipatory bail. Accordingly, it is rejected. The petitioner is directed to surrender before the court below and pray for regular bail.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T