Tula Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31026 of 2018 Arising Out of PS.Case No. -53 Year- 2018 Thana -GARDANIBAGH District- PATNA ====================================================== Tula Kumar, Son of Yug Narayan Mahto, Resident of Village- Ram Sagar, Police Station- Barahra, District- Bhojpur at Ara. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Gardanibagh P.S. Case No.53 of 2018 registered for the offences punishable under Sections 417 and 420 of the Indian Penal Code. It is alleged that when the petitioner appeared for physical test for appointment on the post of constable, it was noticed that some other candidates had appeared in the written test impersonating himself as the petitioner. It has been submitted that the finding is on the basis of biometric attendance of the petitioner and similarly situated coaccused have been granted bail by different benches of this court
Patna High Court Cr.Misc. No.31026 of 2018 (3) dt.06-07-2018 in Cr.Misc.No.26039 of 2018, Cr.Misc.No.26389 of 2018, Cr.Misc.No.27135 of 2018, Cr.Misc.No.28595 of 2018 and Cr.Misc.No.24754 of 2018. The case of this petitioner stands on similar footing. He is in custody since 23.02.2018 and so he deserves bail.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned A.C.J.M.-cum-Subordinate Judge XIV, Patna in connection with Gardanibagh P.S. Case No.53 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without
Patna High Court Cr.Misc. No.31026 of 2018 (3) dt.06-07-2018 showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U