Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15020 of 2016 Arising Out of PS.Case No. -449 Year- 2013 Thana -GOPALGANJ CITY District- GOPALGANJ ====================================================== Shyam Kumar son of Raju Sah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey, Adv. For the Opposite Party/s : Mr. Smt. Sucheta Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-04-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420/34 of the Indian Penal Code.

The prosecution case is that at the B. Com examination one Sunil Kumar was appearing in place of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner was not named in the FIR and chargesheet has been submitted in the matter on 29.02.2016. Even assuming the accusation, the offence is made out under Section 419 of the IPC. It is further submitted that the petitioner was not aware about Sunil Kumar appearing at the examination in his place and non-grant of bail to the petitioner will jeopardize the career of the petitioner. Considering the aforesaid facts, let the above named

Patna High Court Cr.Misc. No.15020 of 2016 (2) dt.11-04-2016 2/2 petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Gopalganj Town P.S. Case No. 449 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T