Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50526 of 2016 Arising Out of PS.Case No. -353 Year- 2015 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Amit Kumar S/o late Yogendra Kumar Singh Resident of Village-Gardih, P.S.-Salaiya, District-Aurangabad, At Present-Assistant Clerk, R.L.S.Y. College, Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 467 and 468/34 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner was an Assistant on deputation in R.L.S. Yadav College, Aurangabad. He took admission of 59 students in I.Sc. out of their turn in merit list on the basis of fake signature of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.50526 of 2016 (2) dt.02-12-2016 petitioner has falsely been implicated in the present case due to mistake of fact. It is further submitted that the petitioner is ready to deposit an amount of Rs.30,000/- in the court below, which shall be subject to final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.30,000/- in the court below, which shall be subject to final disposal of the case and on doing so, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Aurangabad (Town) P.S. case No.353 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T