Pintu Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23925 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Pintu Mistry, Son of Ravindra Mistry, resident of Village- Puraini, P.S.- Giriyak, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Sanjay Kumar Tiwary-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2016 Heard learned counsel appearing on behalf of the petitioner and learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Nawada Town P.S. Case No. 115 of 2016, disclosing offences under Sections 419 and 420 of the Indian Penal Code and Section 3 (10) of the Bihar Conduct of Examination Act, 1981. It is alleged that the petitioner entered into the examination hall with an admit card for writing papers of intermediate examination in place of another examinee. Allegedly, the petitioner was not an examinee of the said examination and he was set up by the other examinee to appear in his place. Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.23925 of 2016 (3) dt.14-07-2016 2/2 as per the First Information Report has submitted that the petitioner was found outside at the gate of the examination hall and he was not found appearing in place of some other examinee. Considering the above, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nawada, in Nawada (Town) P.S. Case No. 115 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutives occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) siddharth/- U T