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Patna High CourtCR. MISC./6120/2018rejected

Abhishek Kumar v. The State Of Bihar

2018-02-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6120 of 2018 Arising Out of PS.Case No. -922 Year- 2017 Thana -KANKARBAGH District- PATNA ====================================================== Abhishek Kumar, Son of Vivekanand Singh, Resident of Village- Near Mirjapur Hospital, Police Station- Vidyapati Nagar, District- Samastipur (Bihar).

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Kankarbagh P.S. Case No.922 of 2017, registered for the offence punishable under Section 420 of the Indian Penal Code and under Section 10 of the Bihar Examination Act.

Allegation has been made that the petitioner was an examinee of B.M.L.T. 1st year. During the examination, it was found that co-accused Aman Kumar (a fake candidate) has been sitting in place of this petitioner.

Patna High Court Cr.Misc. No.6120 of 2018 (2) dt.05-02-2018 2/2 Looking to the nature of allegation, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order on the same day without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T