Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32165 of 2018 Arising Out of PS.Case No. -645 Year- 2013 Thana -DANAPUR District- PATNA ======================================================

1. Dhananjay Kumar, S/o- Late Arjun Singh, resident of Village- Rampur, P.S.- Jehanabad, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Mishra For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Danapur P.S.Case no.645 of 2013 , registered for offences punishable under Sections 419, 420 and 120(B) of the Indian Penal Code and Section 10 of Bihar Examination Control Act. Allegation against the petitioner as per FIR is that one Sanjeev Kumar was arrested and he confessed that he was appearing in place of the petitioner in the examination. Submission of the learned counsel for the petitioner is that on confession, name of the petitioner has transpired and there is no other materials against the petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.32165 of 2018 (3) dt.03-07-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I Danapur, Patna in connection with Danapur P.S.Case no.645 of 2013 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T