ROHIT KUMAR ALIAS ROHIT KUMAR SAW v. STATE OF JHARKHAND
A.B.A./4485/2025 · 2025-08-18
Sanjay Kumar Dwivedi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17798 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17798 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:24048
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ABA No. 4485 of 2025
Rohit Kumar @ Rohit Kumar Saw, aged about 18 years, son of Rajendra Saw, residence of Village-Bundu, P.O. & P.S. – Keredari, District – Hazaribagh
….. …. Petitioner
Versus The state of Jharkhand
..... … Opp. Party
------- -
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
------ For the Petitioner : Mr. Sushant Kumar Sinha Advocate For the State
: Ms. Snehlika Bhagat, A P.P. ------
06/18.08.2025 Heard learned counsel appearing on behalf of the Petitioner and learned APP appearing on behalf of the State.
2. The petitioner is apprehending his arrest in connection with Tandwa P.S. Case No. 32 of 2025, for the alleged offences registered under Sections 318(4), 319(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3, 4 of the Jharkhand Examination Act, pending in the Court of learned Judicial Magistrate, 1st Class, Chatra.
3.
Learned counsel for the petitioner submits that false allegation has been made against the petitioner and the petitioner happens to be the student of High School, Tandwa. He further submits that the allegations are made that in the intermediate examination, one another person was sitting in the examination in place of this petitioner.
4.
Learned counsel for the State opposed the prayer and submits that the allegations are there of sitting of another person in the examination in place of this petitioner.
5. In view of the above and considering that the allegations are
2025:JHHC:24048
there of sitting another person in the examination in the name of this petitioner, Rule 3 and 4 of Jharkhand Conduct of Examination Act, 1981 are attracted, however, prima facie, it appears that Sections 318(4), 319(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 are not attracted and in view of that, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner above named is directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/- (Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned Judicial Magistrate, 1st Class, Chatra, in connection with Tandwa P.S. Case No.32 of 2025, subject to the condition as laid down under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023.
7. This Anticipatory Bail Application is accordingly allowed and
disposed of.
(Sanjay Kumar Dwivedi, J.) R.Kumar