Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57150 of 2015 Arising Out of PS.Case No. -187 Year- 2015 Thana -SABAUR District- BHAGALPUR ======================================================

1. Deepak Kumar, Sri Shankar Mandal, resident of Village- Ajmeripur Bairiya, P.S.- Nathnagar, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s : Mr. Amitesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 419, 420 of the Indian Penal Code and Section 10 of The Bihar Conduct of Examinations Act, 1981.

The prosecution case is that one Dilip Kumar was found appearing in place of the petitioner at the Constable Recruitment Examination, 2015.

It is submitted by the learned counsel for the petitioner that petitioner was not aware about Dilip Kumar appearing in the examination. The offence which is lodged under Section 419 is bailable. Moreover non grant of bail to the petitioner will jeopardize the career of the petitioner. It is further submitted that the error of record occurred in the

Patna High Court Cr.Misc. No.57150 of 2015 (2) dt.18-12-2015 impugned order, as it is recorded that petitioner was found appearing in place of Dilip Kumar, though it is specifically mentioned in the First Information Report that Dilip Kumar was appearing in place of petitioner.

Considering the above facts and statement made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Md. Salim, J.M., Ist Class, Bhagalpur in connection with Sabour P.S. Case No. 187 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T