Patna High CourtCR. MISC./61150/2017rejected

Naresh Kumar v. The State Of Bihar

2017-12-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61150 of 2017 Arising Out of PS.Case No. -412 Year- 2014 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Naresh Kumar S/o Bahadur Mahto, resident of village- Soharanpur, P.S.- Islampur, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the State : Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bihar P.S.Case No.412 of 2014 registered under Sections 419 and 420 of the Indian Penal Code (for short 'the I.P.C.') and Section 10 of the Bihar Examination Act.

It is submitted by the learned counsel for the petitioner that the co-accused Mahesh Kumar, who was appearing in the examination in the name of the petitioner has already been granted bail by the court below. He submitted that the offence punishable under Section 419 of the I.P.C. is bailable in nature and in view of the allegation made in the FIR the ingredients of the offence

Patna High Court Cr.Misc. No.61150 of 2017 (2) dt.22-12-2017 2/2 punishable under Section 420 of the I.P.C. is not attracted. Learned counsel for the State submitted that the petitioner, being a direct beneficiary of impersonation by coaccused Mahesh Kumar, cannot escape from being prosecuted for the offence punishable under Section 420 of the I.P.C. Be that as it may, regard being had to the allegation made in the FIR, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his application for grant of pre-arrest bail is rejected.

In case the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Md.S./- U T