Patna High CourtCR. MISC./55391/2018bail rejected

Sagar Kumar v. The State Of Bihar

2018-09-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55391 of 2018 Arising Out of PS.Case No. -82 Year- 2018 Thana -FORBESGANJ District- ARRARIA ====================================================== Sagar Kumar son of Parmanand Sah, Resident of Village- Kachahari Baluwa, Police Station- Sarsi, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the State : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Forbesganj P.S. Case No.82 of 2018 registered under Sections 420 of the Indian Penal Code and Sections 3 and 4 of the Bihar Examination Conduct Act.

It is contended that even if the entire allegations made in the first information report are believed to be true, the offence punishable under Section 419 of the Indian Penal Code would be made out which is bailable in nature. It is further contended that the ingredients of the offence punishable under Section 420 of the Indian Penal Code are not attracted in the present case as there no allegation of inducement or dishonest

Patna High Court Cr.Misc. No.55391 of 2018 (2) dt.20-09-2018 2/2 intention right at the beginning in order to cheat any person. Be that as it may, considering the allegation that in place of the petitioner his younger brother was found appearing in the intermediate examination, I am not inclined to grant him pre-arrest bail.

Accordingly, the prayer for grant of pre-arrest bail to the petitioner is dismissed.

However, if the petitioner surrenders and seeks bail, the same shall be considered and disposed of on its own merits without being prejudiced in any manner by this order. (Ashwani Kumar Singh, J) Md.S./- U T