The Patna High Court granted anticipatory bail to the petitioner in a case involving cheating and examination fraud, subject to arrest or surrender within six weeks and compliance with bail conditions.
Release on anticipatory bail upon arrest or surrender within six weeks, subject to bonds and sureties.
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.7504 of 2022
Arising Out of PS. Case No.-214 Year-2016 Thana- BIHAR District- Nalanda
======================================================
ANIL KUMAR Son of Ram Sagar Ray Resident of Village - Chakka Shilori , Gayatri Gram Sherpur, P.s.- Bhagwanpur, Distt.- Begusarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the Opposite Party/s : Mr. Md. Ataur Rahman, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 14-10-2022
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419 and 420 of Indian Penal Code and Section 10 of Bihar Examination Conduct Act.
The informant alleges that in the examination for recruitment of Assistant, the petitioner was appearing as a candidate in place of Amit Kumar as such, the petitioner committed cheating and violated Section 10 of the Bihar School Examination Conduct Act, 1981.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that petitioner
Patna High Court CR. MISC. No.7504 of 2022(3) dt.14-10-2022 2/2
was not arrested from the spot and came to be implicated in the case at a later stage, which amply demonstrates that for some ulterior reason the petitioner came to be implicated. Learned counsel submits that had the petitioner been appearing in place of Amit Kumar then he would have been arrested at the place of occurrence.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bihar P.S. Case No. 214 of 2016 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
GauravSinha/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail.
1 provisions across 1 enactments
Anil Kumar
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
