This order dismisses an application for anticipatory bail. The Court denied the plea, noting allegations that the petitioner appeared in an examination instead of his brother, granting liberty to move for regular bail subsequently.
Anticipatory bail denied; liberty granted to move for regular bail.
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.16530 of 2020
Arising Out of PS. Case No.-287 Year-2019 Thana- AMARPUR District- Banka
======================================================
Rajesh Kumar, aged 24 years (Male) Son of Mahendra Yadav, Resident of
Village - Donha, P.S.- Laxmipur, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
3 07-01-2022 Heard the parties through video conferencing.
The petitioner seeks bail in anticipation of his arrest in connection with Amarpur P.S. Case No. 287 of 2019 instituted for the offences punishable under Sections 419, 420 and 120(B) of the Indian Penal Code and Section 6/10 of the Bihar Examination Conduct Act.
Considering the allegation against the petitioner of having appeared in the examination in place of his own brother, I am not inclined to grant anticipatory bail to the petitioner,
Patna High Court CR. MISC. No.16530 of 2020(3) dt.07-01-2022 2/2
giving liberty to the petitioner to move for regular bail.
This application is dismissed.
(Sanjeev Prakash Sharma, J)
Anand Kr.
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner facing charges for impersonation in an examination.
Whether the petitioner has appeared in the examination in place of his own brother justifying denial of anticipatory bail.
2 provisions across 2 enactments
Rajesh Kumar
The State of Bihar
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
