Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6366 of 2015 Arising Out of PS.Case No. -766 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. Deepak Kumar son of Dinesh Prasad Yadav, resident of villageAgwanpur Sisai, P.O.- Sisai, P.S. and District- Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2015 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the petition. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 419, 420, 468 and 471 of the Indian Penal Code and Section 10 of The Bihar Examination Conduct Act.

It is alleged that one Shailendra Kumar was appearing at the examination conducted for recruitment of constable in Bihar police in place of the petitioner.

It is submitted by learned counsel for the petitioner that without knowledge of the petitioner, Shailendra Kumar was appearing at the examination and non-grant of bail will jeopardize the carrier of the petitioner. A statement has been made in para 3

Patna High Court Cr.Misc. No.6366 of 2015 (2) dt.18-02-2015 2/2 of the petition that the petitioner has no criminal antecedent. It appears that in the impugned order, there is an error of record that the petitioner was appearing at the examination in place of Shailendra Kumar.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Saharsa Sadar P.S. Case No. 766 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioners before the learned court below to the effect that he will regularly co-operate in the investigation till its conclusion if it has already not been concluded. Non-co-operation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Amrendra/- U T