Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63522 of 2019 Arising Out of PS. Case No.-111 Year-2018 Thana- RAMKRISHNANAGAR District- Patna ====================================================== BIPIN KUMAR S/o Jagdish Yadav R/o Village- Tikulipar, P.S.- Biharsharif, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Ram Krishna Nagar P.S. Case No. 111 of 2018 registered under Sections 419 and 420 of the Indian Penal Code and Section 10 of Bihar Examination Conduct Act, 1981, pending in the court of learned A.C.J.M. - cum - Sub-Judge-XIII, Patna.

Learned counsel for the petitioner submits that petitioner is innocent and has no criminal history and it is clear from the F.I.R. that one Rohit Kumar has confessed that Tinku Jain had managed to enter into the examination in place of Bipin Kumar. Learned counsel submits that

Patna High Court CR. MISC. No.63522 of 2019(3) dt.20-11-2019 2/3 petitioner is brilliant student and no concern with the entire matter, however, petitioner ha no criminal antecedent. This court has been informed that Rohit Kumar has already been granted regular bail.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case where this petitioner had arranged to place Mr. Rohit Kumar in his name in the examination Centre and was a member of conspiracy hatched for his impersonation in the examination hall, this court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is refused.

Learned counsel for the petitioner submits that the petitioner is a student and as such his prayer for regular bail if applied for in the court below may be considered on the next day.

In the given facts and circumstances where this court finds that the petitioner is a student and had no criminal antecedent and he is hardly about 20 years of age,

Patna High Court CR. MISC. No.63522 of 2019(3) dt.20-11-2019 3/3 in case he surrenders and prays for regular bail in the court below within a period of four weeks from today, the court below shall consider and dispose off his prayer for regular bail on the same day and due consideration will be given to the fact that he is a student and is aged about 20 years only. (Rajeev Ranjan Prasad, J) Rajeev/- U T