Samresh Kumar @ Samrash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66157 of 2022 Arising Out of PS. Case No.-368 Year-2022 Thana- KOTWALI District- Munger ====================================================== SAMRESH KUMAR @ SAMRASH KUMAR S/O Murari Singh R/O Village- Dariyapur, P.S- Muffasil, District- Munger ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Kamal Nayan, Advocate For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-04-2023 Heard the parties.
The petitioner is apprehending arrest in connection with Kotwali P.S. Case No. 368/2022 for the offence under Section 419, 420, 379 and 34 of the I.P.C. pending in the Court of learned Sessions Judge, Munger lodged on 5.8.2022 by the informant Dr. Suraj Konar.
The prosecution story, in brief, is that the informant Dr. Suraj Konar was the Invigilator in T.E. Exam of IGNOU. As the examination started, he went to check the signature of the examinee and when he checked Samresh Kumar, Roll No. 2108268424 and matched his signature from I-card, found that the same not matching. Even the photograph did not match despite that the petitioner was posing himself as a real examinee. Later, as he went to the Center Superintendent for information, the examinee deleted his signature and fled away. It has been contended by the learned counsel for the petitioner that when he had appeared in the examination, there
Patna High Court CR. MISC. No.66157 of 2022(2) dt.12-04-2023 2/2 was no question of escaping with the answer book and further it has been submitted that in fact he appeared but, unfortunately, it has been alleged that the picture and the signature did not match.
The last submission is that he being a student putting behind bar will ruin his career.
Learned APP opposes the prayer for bail.
Considering the fact that the petitioner is student, he do not have criminal antecedent, a case has been lodged and ultimately, he will have to face the trial, this Court is inclined to extend him the privilege of anticipatory bail. Let the petitioner be released on bail, in the event of his arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Kotwali P.S. Case No. 368/2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Kiran/RaviU T