Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33285 of 2018 Arising Out of PS.Case No. -465 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Sanjay Kumar, son of Surender Jamadar, resident of Village - Dharampur, P.S. - Ekangarsarai, District - Nalanda.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Laheri P.S. Case No.465 of 2017 instituted for the offence under Section(s) 419, 420, 468 and 471 Indian Penal Code and Section 10 of the Bihar Conduct of Examination Act, 1981.
Counsel for the petitioner submits that petitioner was not present at the examination centre. He has no concern with Sonu Kumar, who was alleged to be present at the examination centre in place of this petitioner, who appeared in the examination.
In the written report, there is allegation that Sonu Kumar was apprehended by the police at the examination centre on the pretext that he had come to appear in the examination in
Patna High Court Cr.Misc. No.33285 of 2018 (2) dt.18-06-2018 2/2 place of this petitioner.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Laheri P.S. Case No.465 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) JA/- Rohit Kr.
U T