Patna High CourtCR. MISC./7312/2016bail granted

Vishal Kumar v. The State Of Bihar

2016-02-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7312 of 2016 Arising Out of PS.Case No. -762 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Vishal Kumar son of Radhe Shyam @ Ramawtar Mahto, Resident of Village- Akbarnagar, Police Station- Akbarnagar, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120B/34 of the Indian Penal Code and Section 3⁄4 of the Bihar Conduct of Examination Act, 1981. The prosecution case is that one Mayank Kumar appeared at the examination being conducted for recruitment of the constable in place of the petitioner. It is submitted by learned counsel for the petitioner that father's name of the petitioner does not tally as mentioned in the admit card. The petitioner was not aware about Mayank Kumar appearing in the examination in his place and non-grant of bail to the petitioner will jeopardize the carrier of the petitioner and even assuming the accusation the case under Section 419 I.P.C is made out which is bailable. A statement has been made in para 3 of the

Patna High Court Cr.Misc. No.7312 of 2016 (2) dt.18-02-2016 2/2 petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali(Tatarpur) P.S. Case No. 762 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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