Patna High CourtCR. MISC./47694/2019rejected

Santosh Kumar v. The State Of Bihar

2019-07-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47694 of 2019 Arising Out of PS. Case No.-49 Year-2019 Thana- KISHUNPUR District- Supaul ====================================================== SANTOSH KUMAR, Aged about 19 years, Male, Son of Balram Yadav, Resident of Village- Maheshua, P.S.- Triveniganj, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2019 Heard both sides.

The petitioner apprehends his arrest in Kishanpur P.S. Case No.49 of 2019, registered under Sections 419, 420 and 34 of the Indian Penal Code and under Section 10 of the Bihar Examination Act, 1981.

The Centre Superintendent of Senior Secondary School, Kishanpur apprehended Prabhu Kumar on 27.02.2019 from room no.12 of the examination centre. Prabhu Kumar was found impersonating Santosh Kumar, the petitioner, and he was appearing at the Intermediate examination in order to fetch good marks for Santosh Kumar.

Learned counsel for the petitioner submits that the petitioner is 19 years old innocent boy. He had no knowledge who was appearing at his instance. The petitioner did not set up

Patna High Court CR. MISC. No.47694 of 2019(2) dt.31-07-2019 2/2 Prabhu Kumar to appear at the examination in place of the petitioner but it appears that Prabhu Kumar, who was having original Admit Card of the petitioner, was appearing at the Intermediate examination to fetch good marks for the petitioner. Taking into consideration the facts that it was petitioner who set up Prabhu Kumar to appear at the Intermediate examination to fetch good marks for him, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T