Patna High CourtCR. MISC./61602/2017bail granted

Ganesh Kumar v. State Of Bihar And ANR

2017-12-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61602 of 2017 Arising Out of PS.Case No. -270 Year- 2017 Thana -KOTWALI District- PATNA ======================================================

1. Ganesh Kumar, S/o Late Shankar Nath Ram, Resident of VillageSariya, P.S.- Sariya, District- Giridih (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar School Examination Board, (Central Higher Secondary), Bihar Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harish Kumar, Advocate For the BSEB : Mr. Amarendra Kuamr, Advocate For the State : Mr. Sri Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 417, 418, 419, 420, 467, 468, 208, 201 and 120B of the Indian Penal Code.

Allegation against the petitioner is that the petitioner got some modification of his name to suppress his identity that the petitioner was candidate for Intermediate Examination in the past also and appeared in the Intermediate Examination, 2017 and topped the list. The FIR itself reveals that there is no irregularity or illegality found on evaluation of the answer sheet regarding the merit of the petitioner. Thus, the only case, prima facie, made out is

Patna High Court Cr.Misc. No.61602 of 2017 (2) dt.19-12-2017 2/2 cheating by impersonation which is a bailable offence, hence, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kotwali Police Station Case No. 270 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T