Vikas Kumar Vimal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42141 of 2017 Arising Out of PS.Case No. -42 Year- 2015 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Vikas Kumar Vimal son of Ram Prit Sahni, resident of village- Horalpatti, P.S.- Ashok Paper Milla, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi, Advocate For the State : Mr. Nawal Kishore Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Darbhanga Sadar P.S. Case No.42 of 2015 registered under sections 417, 418, 419 and 420 of the Indian Penal Code and 3⁄4 of the Bihar Conduct of Examination Act, 1981.

According to the first information report, the petitioner was found appearing in place of one Chandan Kumar in second sitting on 02.02.2015 in 1st Semester Diploma (Engineering) Examination.

It is submitted by the learned counsel for the petitioner that the allegation made in the first information report would not

Patna High Court Cr.Misc. No.42141 of 2017 (2) dt.03-10-2017 2/2 attract the ingredients of Section 420 of the Indian Penal Code and at best it is a case under Section 419 which is bailable in nature. Learned counsel for the State has opposed the prayer for grant of anticipatory bail to the petitioner. Considering the submissions made above, the petitioner namely, Vikas Kumar Vimal is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M.-IX, Darbhanga in connection with Darbhanga Sadar P.S. Case No.42 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J) Md.S./- U T