Raju Kumar @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32810 of 2014 Arising Out of PS.Case No. -415 Year- 2013 Thana -NAWADA District- NAWADA ======================================================

1. Raju Kumar @ Raj Kumar son of Ranjan Yadav resident of village - Puran, P.S. Karpi District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-02-2015 Heard both sides.

The petitioner apprehends his arrest in Nagar P.S. Case No. 415 of 2013, registered for the offences punishable under Sections 420, 467, 471 of the Indian Penal Code and Section 10 of the Examination Control Act.

Allegation against the petitioner is that one Sanjay Kumar impersonated the petitioner and he appeared at the examination in place of the petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot. There is no material to show that the petitioner set up Sanjay Kumar to appear in his place at the examination.

On perusal of records, it appears that the petitioner

Patna High Court Cr.Misc. No.32810 of 2014 (2) dt.04-02-2015 set up Sanjay Kumar to appear in the examination in his place, hence, 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