Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84068 of 2019 Arising Out of PS. Case No.-641 Year-2014 Thana- NAWADA District- Nawada ====================================================== Vijay Kumar, Son of Lakhan Saw (Gupta) @ Lakhan Saw, Resident of Village-Panchu, Sonar Toli, P.S-Hisua, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 468, 471 of the Indian Penal Code and Section 10 of the Bihar Control of Examination Act, 1981.

It is alleged that in the Constable Competitive Examination, 2014, one Lalendra Kumr was appearing in place of the petitioner.

It is submitted by learned counsel for the petitioner that even assuming the accusation at best, the offence under Section 419 of the IPC in the nature of impersonation is made out which is bailable and similarly situated co-accused Akhlesh Kumar has been granted anticipatory bail by Co-ordinate Bench

Patna High Court CR. MISC. No.84068 of 2019(2) dt.18-02-2020 2/2 of this Court vide order dated 23.01.2020 passed in Cr. Misc. No. 81380 of 2019. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the accusation is specific against the petitioner.

Considering the fact that the similarly situated coaccused has been granted anticipatory bail by Co-ordinate Bench of this Court and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 641 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T