Ashik Aman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86449 of 2019 Arising Out of PS. Case No.-1078 Year-2017 Thana- SAHARSA District- Saharsa ====================================================== ASHIK AMAN Son of Ramdeo Pasvan, Resident of Village - Amrita, P.S.- Sonbarsa Raj, District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamal Kishore Singh For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case No. 1078 of 2017 for the offence punishable under Sections 419, 420, 467, 468, 471 of the Indian Penal Code and Section 10 of Bihar Conduct of Exam Act, 1981.
The allegation is regarding the petitioner having allowed the co-accused person, namely, Ranvir Kumar, to sit in the examination on his behalf and he is said to have been caught red handed by the flying squad.
The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. He is having a clean antecedent. It is further
Patna High Court CR. MISC. No.86449 of 2019(2) dt.24-01-2020 2/2 submitted that if any one had sat in the examination hall in place of the petitioner, the petitioner cannot be faulted. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner coupled with the fact that the petitioner is having a clean antecedent, I deem fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 1078 of 2017, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) Tiwary/- U