Patna High CourtCR. MISC./7797/2018rejected

Krishna Kumar v. The State Of Bihar

2018-02-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7797 of 2018 Arising Out of PS. Case No.-675 Year-2017 Thana- BANKA District- Banka ====================================================== Krishna Kumar, son of Jai Prakash Yadav, Resident of Village- Eksingha, Samukhia More, P.S. Banka, District- Bhagalpur. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Manoj Kumar For the Opposite Party/s :

Mr. SRI ABHAY KUMAR ROY ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Banka P.S. Case No. 657 of 2017, registered for the offences punishable under Sections 419, 420, 120(B) of the Indian Penal Code and Section 6, 10 Bihar Examination Control Act.. Allegedly, in place of the petitioner one Chandan Kumar Rana was found appearing in the examination for the recruitment of constable.

Submission is of false implication and that there is no legal and tangible material against the petitioner, he has not instructed Chandan Kumar Rana to appear in place of the petitioner. The petitioner has been made victim of the

Patna High Court Cr.Misc. No.7797 of 2018(2) dt.20-02-2018 2/2 circumstances. No offence under Section 420 I.P.C. is made out. The petitioner at the time of examination was ill and he was not in a position to sit in examination, without any knowledge of the petitioner Chandan Kumar Rana done the act. However, there is no wrongful loss or wrongful gain to any one and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. seriously opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the allegation, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Banka P.S. Case No. 675 of 2017, pending in the Court of learned Chief Judicial Magistrate, Banka.

(Jitendra Mohan Sharma, J.) Rajiv/- U T