Abhinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75907 of 2024 Arising Out of PS. Case No.-196 Year-2021 Thana- BAHADURPUR District- Patna ====================================================== Abhinandan Kumar Son of Ashok Mandal Resident of Kali Prasad, P.S.- Pirpaiti, Distt.- Bhagalpur, Bihar ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajnish Shandilya, Advocate For the Opposite Party :

Mr. Dilip Kumar No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-11-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Bahadurpur P.S. Case No. 196 of 2021, lodged on 17.08.2021, under Sections 419, 420/34 of the Indian Penal Code, pending before the Court of Additional Sessions Judge, Patna City, Patna.

3. As per the prosecution, the petitioner was trying to enter into the examination hall on behalf of other person but during paper verification he has been caught on the spot.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that from the contents of the FIR, it becomes crystal clear that the petitioner did not appear in the examination process rather prior to entering into the examination hall, during

Patna High Court CR. MISC. No.75907 of 2024(2) dt.12-11-2024 2/2 paper verification, he has been identified and arrested. Counsel further submits that the antecedent of the petitioner is clean and under misguidance he has tried to do such an act. Counsel further submits that the age of the petitioner is just 32 years and he undertakes that in future he will not commit such mistake.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that specific allegation against the petitioner is that he was ready to appear in the examination process on behalf of the other person.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of four weeks from today. In case, the petitioner surrenders within four weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. Aman Kumar/- (Dr. Anshuman, J) U T