Aman Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12089 of 2023 Arising Out of PS. Case No.-684 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== AMAN RAJ Son of Jagdish Prasad @ Jago Mahto R/o Niyamatnagar, PSSilao, Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanket, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Gardanibag P.S. Case No. 684 of 2022 dated 15.11.2022 registered for the offence punishable under Sections 419, 420, 467, 468 and 120(B) of the Indian Penal Code.
3. The prosecution case, based on statement of Jay Kumar Singh recorded by Ranjit Kumar Rajak of Gardanibag P.S. on 15.11.2022 at 06.30 pm that he is Under Inspector and presently working at Central Selection Board of Constable, Patna. It was further stated that he was on deputation by the order of Primary Branch at Shahid Rajendra Prasad Singh, Government High School, Patna on the occasion of Physical Examination for the post of Fireman vide Advertisement No. 01 of 2021 of Central Selection Board of Constable. He further
Patna High Court CR. MISC. No.12089 of 2023(2) dt.15-05-2023 2/3 states that during the bio-metric verification it was found that Aman Raj, Roll no. 2611100234 had conspired with the photographer and his photograph was taken at 03:15 pm somewhere else other than the Exam centre whereas the photograph of roll no. 2611100234 prior to this was taken at 02:15 pm on the date of written examination and later when Aman Raj was enquired about it he confessed that has paid Rs. 20,000/- to Bire Kumar who appeared in the written examination on behalf of him.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that his confessional statement was taken forcibly by the police. It is further stated that petitioner is a student who is preparing for different competitive examination and his character had been unblemished prior to filing of present case. It is submitted that petitioner reported in Shahid Rajendra Prasad Singh, Government High School, Patna at 07:00 am where he was asked to wait. and the reporting time was of 07:00 am and after several hours the informant came and announced that the PET has been completed without taking petitioner's PET. On enquiry informant told him that the selection of the candidate has already been decided prior to the PET. It is stated
Patna High Court CR. MISC. No.12089 of 2023(2) dt.15-05-2023 3/3 that the allegation levelled by the informant of non-appearance in examination on 27.03.2022 is false as examiner verified his presence and reported no discrepancy. It is further stated that the candidates were not allowed to leave exam room before 04:00 pm, thereby allegation of conspiracy with photographer and photo being clicked somewhere else is false. It is also stated that there is no FIR lodged against the photographer and other persons who were indulged in this crime. The petitioner is in custody since 16.11.2022 is a person with clean antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned court of Shivam Singh, J.M. Ist Class at Patna Sadar in connection with Gardanibag P.S. Case No. 684 of 2022. (Khatim Reza, J) Sankalp/- U T