Patna High CourtCR. MISC./28939/2016rejected

Bipin Kumar Singh v. The State Of Bihar

2016-12-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28939 of 2016 Arising Out of PS.Case No. -205 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ====================================================== Bipin Kumar Singh Son of Balwant Singh Residnet of Village Udaibhanpur, Police Station Barahara (Krishna Garh), District Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Nitya Nand Tiwary, Advocate.

For the Opposite Party : Mr. Braj Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-12-2016 Heard both sides.

The petitioner apprehends his arrest in Ara Town P.S. Case No. 205 of 2016 registered for the offences punishable under Sections 419 and 420 of the Indian Penal Code. The gist of the allegation is that one Krishna Kumar Singh was appearing at the examination in place of Bipin Kumar Singh, son of Balbant Singh Roll Code - 73111, Roll No.- 1600383, Registration No.- 73111-37684-15 from Tulsi Uchcha Vidyalaya, Panwari.

Learned counsel for the petitioner submits that petitioner did not fill up the form. The photograph of the petitioner was appearing on the admit card but it appears that Bipin Kumar Singh sworn affidavit at the time of filing of the form and the

Patna High Court Cr.Misc. No.28939 of 2016 (6) dt.01-12-2016 2/2 admit card was issued in his name. All the documents show that it was Bipin Kumar Singh who filled up the form. The petitioner set up Krishna Kumar Singh to appear at the examination in his place to fetch good marks.

Considering the nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order and taking into consideration that Krishna Kumar Singh has already been granted regular bail.

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