Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45089 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -BODHGAYA District- GAYA ======================================================

1. Uday Kumar S/o Alakhdeo Singh, R/o Vill.- Bara, P.S.- Imamganj, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Sri Tapeshwar Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Bodh Gaya P. S. Case No. 68 of 2018, registered for offences punishable under Sections 420, 120B and Section 10 of the Bihar Conduct of Examinatin Act, 1981 of the Indian Penal Code. As per F.I.R. allegation against the petitioner is that in place of the petitioner his brother, Uday Kumar was appearing in the examination and he was apprehended.

Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and the brother of the petitioner, Anand Kumar has already been granted bail by the learned lower Court, Gaya.

Learned A.P.P. opposes the prayer for bail.

Patna High Court Cr.Misc. No.45089 of 2018 (2) dt.01-08-2018 2/2 However, in the facts and circumstances, I am not inclined to grant bail to the petitioner but the petitioner is a student and Anand Kumar has already been enlarged on bail by the learned lower Court, let the petitioner surrender before the Court below and makes prayer for regular bail, the same shall be considered on its own merit without being prejudiced by this order.

With this observation, this application is disposed of. (Vinod Kumar Sinha, J) Sudha/- U T