Patna High CourtCR. MISC./39542/2016rejected

Roushan Kumar v. The State Of Bihar

2016-09-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39542 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Roushan Kumar Son of Subhash Mandal Resident of Village- Mahasimar, Police Station- Kisanpur, District - Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Adv. For the Opposite Party/s : Mr. Sri Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2016 Heard both sides.

The petitioner apprehends his arrest in Triveniganj P.S. Case No. 61/2015, registered for the offences punishable under Sections 419, 420, 467, 468, 471 and 34 of the Indian Penal Code and under Sections 3 and 4 of Bihar Examination Act, 1981. One Deepak Kumar Yadav was apprehended while appearing at the examination and from his possession Admit Card bearing Roll Code - 42507, Roll No. 1500042 was recovered. The Admit Card was of Raushan Kumar the petitioner. It is submitted that the petitioner setup Deepak Kumar Yadav to appear at the examination at his place in order to fetch good marks.

Learned counsel for the petitioner submits that petitioner

Patna High Court Cr.Misc. No.39542 of 2016 (2) dt.17-09-2016 2/2 was not apprehended at the spot and nothing has been recovered from his possession. Petitioner did not setup any person, but his Admit Card was lost in transit.

It appears that it was the petitioner who setup Deepak Kumar Yadav who was appearing in place of the petitioner in the matriculation examination only to fetch good marks. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below learned court below shall consider his prayer for regular bail taking into consideration that Deepak Kumar Yadav who was appearing in the matriculation examination in place of the petitioner has already been enlarged on regular bail.

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