The Patna High Court granted anticipatory bail to the petitioner in a SCI case involving offences under IPC 379 and Bihar Conduct of Examination Act 1981, subject to conditions and cooperation in investigation.
Release on anticipatory bail on furnishing bail bond of Rs. 10,000 with two sureties each on conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4626 of 2015
====================================================== Alok Kumar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 04-02-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379 of the I.P.C. and Section 10 of The Bihar Conduct of Examination Act, 1981.
It is alleged that the petitioner was appearing at the examination of Assam Rifles conducted by Staff Selection Commission when he disappeared with OMR Sheet.
It is submitted by learned counsel for the petitioner that the petitioner never appeared at the examination as he was suffering from illness and this was his reply to the show cause issued by Assam Rifles. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, 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 12
Patna High Court Cr.Misc. No.4626 of 2015 (2) dt.04-02-2015
2/2
weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhagalpur in connection with Bhagalpur Kotwali P.S. Case No. 222 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation if it has already not concluded. Non-co-operation in the investigation by the petitioner will give liberty to the prosecution to file an application for cancellation of the bail of the petitioner.
(Dinesh Kumar Singh, J)
Amrendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to relief of anticipatory bail in view of pending investigation for offences u/s 379 IPC and The Bihar Conduct of Examination Act, 1981.
1 provisions across 1 enactments
Alok Kumar
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
